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City of Stayton v. Wilson

Oregon Court of Appeals
Aug 11, 1980
615 P.2d 371 (Or. Ct. App. 1980)

Summary

In City of Stayton v. Wilson, 47 Or. App. 701, 615 P.2d 371 (1980), the petitioners were convicted in municipal court of harassment. ORS 166.065. They petitioned the circuit court for a writ of review.

Summary of this case from Shelton v. Allen

Opinion

No. 115,128, CA 16665

Argued and submitted June 27, 1980

Reversed and remanded August 11, 1980

Appeal from Circuit Court, Marion County.

Clarke C. Brown, Judge.

Dale L. Crandall, Salem, argued the cause and filed the brief for appellant.

Murley M. Larimer, Stayton, argued the cause for respondents. With him on the brief was Sharman R. Bramer Meiners, Stayton.

Before Joseph, Presiding Judge, and Warden and Warren, Judges.


JOSEPH, P.J.

Reversed and remanded.


Defendants were convicted in plaintiff's municipal court under complaints charging harassment. ORS 166.065. They initiated a writ of review proceeding in the circuit court. Plaintiff's demurrer to the petition and motion to dismiss the petition were denied, and the trial court entered an order dismissing the charges against the defendants and instructing plaintiff's municipal court to expunge all references to the matter from its records.

Writs of review in criminal cases have been abolished, except in the instances specified in ORS 157.070. ORS 138.010; Doran v. State, 270 Or. 758, 529 P.2d 928 (1974); State v. Etling, 256 Or. 33, 470 P.2d 950 (1970). ORS 157.070 does not apply to municipal courts. Scott v. Thompson, 30 Or. App. 291, 567 P.2d 555 (1977). The circuit court had no jurisdiction to consider the writ of review and should have allowed plaintiff's demurrer.

Reversed and remanded.


Summaries of

City of Stayton v. Wilson

Oregon Court of Appeals
Aug 11, 1980
615 P.2d 371 (Or. Ct. App. 1980)

In City of Stayton v. Wilson, 47 Or. App. 701, 615 P.2d 371 (1980), the petitioners were convicted in municipal court of harassment. ORS 166.065. They petitioned the circuit court for a writ of review.

Summary of this case from Shelton v. Allen
Case details for

City of Stayton v. Wilson

Case Details

Full title:CITY OF STAYTON, Appellant, v. WILSON, et al, Respondents

Court:Oregon Court of Appeals

Date published: Aug 11, 1980

Citations

615 P.2d 371 (Or. Ct. App. 1980)
615 P.2d 371

Citing Cases

Shelton v. Allen

See Carden v. Johnson, 282 Or. 169, 173, 577 P.2d 513 (1978). In City of Stayton v. Wilson, 47 Or. App. 701,…