|CALENDAR STATUS: Active|
|State of Oregon v. Linda Diane Fessenden|
|Newport High School|
|Elizabeth Gillingham Daily on behalf of Linda Diane Fessenden|
Pamela Johnstone Walsh on behalf of State of Oregon
|this case consolidated with S061770 for oral argument only|
*WILL NOT BE WEBCAST
Statement of Issues:
|State of Oregon v. Linda Diane Fessenden (S061740) (A150065) (appeal from Douglas County Circuit Court; opinion reported at 258 Or App 639, 310 P3d 1163 (2013)).|
Defendant Linda Diane Fessenden has been granted review of a Court of Appeals decision that affirmed a trial court's denial of defendant's motion to suppress evidence related to the warrantless search and seizure of her emaciated horse.
On review, the issues are:
(1) Under Article I, section 9, of the Oregon Constitution, does any exception to the warrant requirement allow an officer to conduct a warrantless search or seizure if the officer reasonably believes that the action is necessary to render immediate aid to an animal that has suffered, or is imminently threatened with, suffering serious physical injury or death?
(2) Alternatively, if a warrant exception for animal welfare exists, does the state meet its burden to prove that the exception applies when the evidence establishes that the officer reasonably believed that no immediate medical treatment would alleviate the animal's condition?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: