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State v. Lumpkins

Citations: 353 Or. 168; 295 P.3d 639; 2013 WL 132503; 2013 Ore. LEXIS 2Docket: CC C082003CR; CA A141532; SC S059173

Court: Oregon Supreme Court; January 9, 2013; Oregon; State Supreme Court

Narrative Opinion Summary

The Court of Appeals' decision and the circuit court's judgment in the case of State of Oregon v. Frank Lumpkins, Jr. were affirmed by an equally divided court on January 10, 2013. Kenneth A. Kreuscher from the Portland Law Collective represented the petitioner, Frank Lumpkins, Jr., with assistance from Travis Eiva. Justices Landau, Brewer, and Baldwin did not participate in the consideration or decision of the case.

Legal Issues Addressed

Affirmation of Lower Court Decision

Application: The Court of Appeals' decision and the circuit court's judgment were upheld by the higher court due to an equal division among the judges.

Reasoning: The Court of Appeals' decision and the circuit court's judgment in the case of State of Oregon v. Frank Lumpkins, Jr. were affirmed by an equally divided court on January 10, 2013.

Non-Participation of Justices

Application: Certain justices did not take part in the consideration or decision of the case, which may have contributed to the equally divided outcome.

Reasoning: Justices Landau, Brewer, and Baldwin did not participate in the consideration or decision of the case.