[DV_listserv] FW: Oregon Judicial Department Appellate CourtOpinions--Stalking/Violation of Stalking Order case

[Domestic Violence issues]

ALL: 

I spoke to the Appellate attorney on the State v. Ryan case this
morning. DOJ's Appellate Division is trying to get the Oregon Supreme
Court to review that case. She will send me the petition when it is
completed and I will forward it out to you.

However, in speaking with her I found out that in the State v. Ryan
case, the state made very specific allegations regarding contact via
communication in its indictment (as a basis for the violation). Had the
state alleged "contact" in general (i.e., by simply sending the letters,
Defendant/Respondent would be in violation of the Stalking Protective
Order), along WITH a count that included "communication", the problem
may have been avoided. (I'm not passing judgment on the charging
decision--I know hindsight is often 20/20). 

So, until we're able to overcome this Art. I/Sec. 8 "communication"
issue in Stalking/SPO cases, try to look for creative (albeit legal)
ways to charge these cases that don't implicate a Rangel analysis. 

Thanks,

Erin

-----Original Message-----
From: dv_listserv-bounces at listsmart.osl.state.or.us
[mailto:dv_listserv-bounces at listsmart.osl.state.or.us] On Behalf Of
Domestic Violence issues
Sent: Thursday, December 16, 2010 1:46 PM
To: dv_listserv at listsmart.osl.state.or.us
Subject: [DV_listserv] Oregon Judicial Department Appellate
CourtOpinions--Stalking/Violation of Stalking Order case


Boo!

http://www.publications.ojd.state.or.us/A138986.htm

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