State v. Leroux

Oregon Supreme Court November 3, 1987

State v. Leroux, 304 Or. 309 (Or. 1987)

744 P.2d 569; 1987 Ore. LEXIS 1862

Gillette, Lent, Linde

Opinion of the Court

MEMORANDUM OPINION

The petition for review is denied.

Gillette, J., concurred and filed an opinion in which Lent and Linde, JJ., joined.

Concurring Opinion

GILLETTE, J.,

concurring.

I concur in the denial of review in this case because the only issue of merit raised by the petition — whether State v. Jordan, 288 Or 391, 605 P2d 646, cert den 449 US 846 (1980), should be reconsidered under Article I, section 9, of the Oregon Constitution — was not raised in either the trial court or the Court of Appeals. Had it been raised in a timely manner, I would favor allowing review to examine the question.

Lent and Linde, JJ., join in this concurring opinion.

Reference

Full Case Name: STATE OF OREGON, on Review v. BRENT LEROUX, on Review
Status: Published