Garges v. Premo
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No. 21 April 26, 2018 797 IN THE SUPREME COURT OF THE STATE OF OREGON DANIEL BRET GARGES, Petitioner on Review, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Respondent on Review. (CC 15CV26965; CA A161918; SC S064938) On review from the Court of Appeals.* Argued and submitted January 18, 2018. Ryan O’Connor, O’Connor Weber LLC, Portland, argued the cause and filed the briefs for petitioner on review. Robert M. Wilsey, Assistant Attorney General, Salem, argued the cause for respondent on review. Susan Yorke, Assistant Attorney General, filed the brief. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General. Before Balmer, Chief Justice, and Kistler, Walters, Nakamoto, Flynn, and Nelson, Justices, and Hadlock, Judge of the Court of Appeals, Justice pro tempore.** NELSON, J. The decision of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings. ______________ ** On appeal from Marion County Circuit Court, Courtland Geyer, Judge. 284 Or App 313, 390 P3d 1124 (2017). ** Duncan, J., did not participate in the consideration or decision of this case.
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