Opinion
TC86-C-12433; CA A46696; SC S36332
Petition for review filed July 25, 1989
Appeal from judgment of Marion County Circuit Court. Robert McConville, Judge. 97 Or. App. 327, 776 P.2d 884 (1989).
Reversed and remanded November 16, 1989
In Banc
John E. Storkel, Salem, for petitioner on review.
Virginia L. Linder, Solicitor General, Salem for respondent on review.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals and the judgment of circuit court are reversed. The case is remanded to the circuit court for further proceedings in the light of Drevers and Drevers, 308 Or. 462, 781 P.2d 343 (1989) and Hicks v. Feiock, 485 U.S. 624, 108 S Ct 1423, 99 L Ed 2d 721 (1988). MEMORANDUM OPINION
Defendants were found in criminal contempt and were fined and sentenced to imprisonment. On appeal they contend that the circuit court erred in basing its decision on a clear and convincing evidentiary standard. The Court of Appeals affirmed without opinion. State ex rel Frohnmayer v. U-Kamp Motorhome Co., 97 Or. App. 327, 776 P.2d 884 (1989).
We grant review, reverse the decision of the Court of Appeals and the judgment of the circuit court, and remand this case to the circuit court for further proceedings in the light of Drevers and Drevers, 308 Or. 462, 781 P.2d 343 (1989) and Hicks v. Feiock, 485 U.S. 624, 108 S Ct 1423 99 L Ed 2d 721 (1988) (criminal contempt must be proved beyond a reasonable doubt).