State v. Ward, 78-1315
| Decision Date | 17 January 1979 |
| Docket Number | No. 78-1315,78-1315 |
| Parties | The STATE of Oregon, Respondent, v. Jeffrey Dale WARD, Appellant. ; CA 11299. . On Respondent's Petition for Reconsideration |
| Court | Oregon Court of Appeals |
James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem, for petition.
The state seeks reconsideration on our former opinion, reported at 37 Or.App. 591, 588 P.2d 72 (1978). Upon reconsideration, we are now of the view that the dissenting opinion correctly analyzed the facts and the law. Accordingly, the petition for reconsideration is granted, our former opinion is withdrawn, the analysis of the dissent is adopted as the opinion of the court, and the defendant's conviction is affirmed.
I would adhere to our former majority opinion, and so respectfully dissent.
To continue reading
Request your trial
5 cases
-
State v. Reynolds, 78-6-284
...State v. Ward, 37 Or.App. 591, 600, 588 P.2d 72 (1978) (dissent), Vacated and dissent adopted as opinion of the majority, 38 Or.App. 425, 590 P.2d 296, Rev. allowed 287 Or. 123 (1979), is that defendant's wife voluntarily consented to a search of the residence. The motion to suppress eviden......
-
State v. O'Keefe, s. 78-1066
... ... (The episode is described more fully in State v. Ward, 37 Or.App. 591, 588 P.2d 72 (1978); opinion withdrawn and conviction affirmed, 38 Or.App.[40 Or.App. 690] 425, 590 P.2d 296 (1979). Ward was an ... ...
-
State v. Kelgard
...conclusions, Ball v. Gladden, 250 Or. 485, 443 P.2d 621 (1968), but we are not bound by the conclusions themselves. State v. Ward, 38 Or.App. 425, 590 P.2d 296 (1979); State v. Cobb, 22 Or.App. 510, 539 P.2d 1140 Rev. den. (1975). Our review leads us to conclude that the search of the resid......
-
State v. Sheehan
...117, 566 P.2d 546 (1977); State v. Ward, 37 Or.App. 591, 600, n. 1, 588 P.2d 72 (1978) (dissenting opinion), adopted on rehearing 38 Or.App. 425, 590 P.2d 296, Rev. allowed, 287 Or. 123 (1979). I dissent. 1 Defendant also argues that the conviction for assault, which the trial court merged ......
Request a trial to view additional results