State v. Hynes

Court of Appeals of Oregon

State v. Hynes

554 P.2d 1030, 27 Or. App. 37, 1976 Ore. App. LEXIS 1298

CourtCourt of Appeals of Oregon

DecidedOctober 4, 1976

DocketNo. MI 42596, CA 6114

StatusPublished

Cited by2 cases

This text of 554 P.2d 1030 (State v. Hynes) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hynes, 554 P.2d 1030, 27 Or. App. 37, 1976 Ore. App. LEXIS 1298 (Or. Ct. App. 1976).

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Opinion

SLOAN, S. J.

The court below, in this mental commitment hearing, took judicial notice of the record of a prior commitment proceeding concerning David Hynes. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976), held that judicial notice of prior court files was improper. The state, however, argues that O’Neill is inapplicable where the judicial notice is taken in the dispositional "phase” of a commitment hearing rather than in the adjudicative phase of the hearing. We must disagree. Whether or not ORS ch 426 now provides for a separate dispositional "phase” of the commitment process, we read State v. O’Neill, supra, as precluding taking judicial notice of prior court files in any event.

Reversed and remanded.

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SLOAN, S. J.

The court below, in this mental commitment hearing, took judicial notice of the record of a prior commitment proceeding concerning David Hynes. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976), held that judicial notice of prior court files was improper. The state, however, argues that O’Neill is inapplicable where the judicial notice is taken in the dispositional "phase” of a commitment hearing rather than in the adjudicative phase of the hearing. We must disagree. Whether or not ORS ch 426 now provides for a separate dispositional "phase” of the commitment process, we read State v. O’Neill, supra, as precluding taking judicial notice of prior court files in any event.

Reversed and remanded.

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Bluebook (online)

554 P.2d 1030, 27 Or. App. 37, 1976 Ore. App. LEXIS 1298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hynes-orctapp-1976.

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