Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

CITY OF STAYTON, Appellant, v. WILSON, et al, Respondents.

JOSEPH, P.J.

Reversed and remanded.

JOSEPH, P.J.

Defendants were convicted in plaintiff's municipal court under complaints charging harassment. ORS 166.065. They initiated a writ of review proceeding in the circuit court. Plaintiff's demurrer to the petition and motion to dismiss the petition were denied, and the trial court entered an order dismissing the charges against the defendants and instructing plaintiff's municipal court to expunge all references to the matter from its records.

Writs of review in criminal cases have been abolished, except in the instances specified in ORS 157.070. ORS 138.010; Doran v. State, 270 Or. 758, 529 P.2d 928 (1974); State v. Etling, 256 Or. 33, 470 P.2d 950 (1970). ORS 157.070 does not apply to municipal courts. Scott v. Thompson, 30 Or. App. 291, 567 P.2d 555 (1977). The circuit court had no jurisdiction to consider the writ of review and should have allowed plaintiff's demurrer.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

CITY OF STAYTON v. WILSON
(Aug 11, 1980)