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Oregon v. U-Kamp Motor Home Co.

SUPREME COURT OF OREGON


November 16, 1989

STATE OF OREGON EX REL DAVE FROHNMAYER, ATTORNEY GENERAL FOR THE STATE OF OREGON, RESPONDENT ON REVIEW,
v.
U-KAMP MOTOR HOME COMPANY, INC., U-KAMP RENTAL COMPANY, TOM M. MCFERRAN, AND NEOLA MCFERRAN, PETITIONERS ON REVIEW

TC No. 86-C-12433; CA No. A46696. On petition for review filed July 25,*fn* 1989.

John E. Storkel, Salem, for petitioner on review.

Virginia L. Linder, Solicitor General, Salem for respondent on review.

In Banc.

[308 Or Page 499]

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 P2d 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 P2d 343 (1989) and Hicks v. Feiock, 485 US 624, 108 S Ct 1423 99 L Ed 2d 721 (1988) (criminal contempt must be proved beyond a reasonable doubt).

Disposition

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 P2d 343 (1989) and Hicks v. Feiock , 485 US 624, 108 S Ct 1423, 99 L Ed 2d 721 (1988).


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