STATE EX REL DHS v. SMITH

Citation Codes

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citation codes

Docket Number

J020938; A121395.

Attorney(S)

Clayton C. Patrick argued the cause and filed the brief for appellant. Devorah Signer-Hill, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Judges

LANDAU, P.J., concurring.
PER CURIAM.

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In the Matter of Jon Bow Robert Michael Lea Smith, a Minor Child. STATE ex rel DEPARTMENT OF HUMAN SERVICES, Respondent, v. DIANA MARIE SMITH, Appellant.

PER CURIAM.

Affirmed. State ex rel Dept. of Human Services v. Smith (A119798) , 190 Or. App. 570, ___ P.3d ___ (2003).

LANDAU, P.J., concurring.

I would conclude that the state failed to establish by clear and convincing evidence the requirements of the statute and would vote to reverse. However, this case is materially indistinguishable from State ex rel Dept. of Human Services v. Smith (A119798) , 190 Or. App. 570, ___ P.3d ___ (2003). In light of the court's decision in that case, I therefore concur in affirming the judgment in this case.

ARMSTRONG, J., joins in this concurring opinion.

In the Matter of Jon Bow Robert Michael Lea Smith, a Minor Child. STATE ex rel DEPARTMENT OF HUMAN SERVICES, Respondent, v. DIANA MARIE SMITH, Appellant.

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