STATE v. MITCHELL, 325 Or. 479 (1997)

940 P.2d 518

In the Matter of Daniel Mitchell, a Child. STATE ex rel JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Respondent on Review, v. Daniel MITCHELL, Petitioner on Review.

CC 9201-80221; CA A78788; SC S41701Oregon Supreme Court.Argued and submitted March 7, 1995, Decision of the Court of Appeals
Order of juvenile court affirmed by an equally divided court July 18, 1997

On review from the Court of Appeals.[*]

[*] Appeal from Multnomah County Circuit Court, Elizabeth Welch, Judge. 130 Or. App. 134, 880 P.2d 958 (1994).

Julie H. McFarlane, Portland, argued the cause and filed the briefs for petitioner on review.

Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Jenny Cooke, Portland, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Association.

Before Carson, Chief Justice, Gillette, Van Hoomissen, Fadeley, Graber, and Durham, Justices.[**]

[**] Unis, J., retired June 30, 1996, and did not participate in this decision.

MEMORANDUM OPINION

The decision of the Court of Appeals and the order of the juvenile court are affirmed by an equally divided court.

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