|CALENDAR STATUS: Active|
|State of Oregon v. A. J. C.|
|Franklin High School Case 2|
|Christa Obold-Eshlemand on behalf of A. J. C.|
Anna Joyce on behalf of the State of Oregon
Statement of Issues:
|State of Oregon v. A. J. C. (S061191) (A147559) (appeal from Washington County Circuit Court; opinion reported at 254 Or App 717, 295 P3d 1157 (2013)).|
A. J. C., a youth in a juvenile delinquency case, has been granted review of a Court of Appeals decision that affirmed a judgment finding youth to be within the jurisdiction of the juvenile court for conduct that, if committed by an adult, would constitute possession of a gun in a public building, ORS 166.370; unlawful possession of a gun, ORS 166.250; unlawful use of a weapon, ORS 166.220; and menacing, ORS 163.190.
On review, the issue is:
Is a warrantless search of a closed container justified by the school safety exception to the warrant requirement, when the potential immediate safety threat allegedly has been eliminated by the seizure of the container?
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:
David V. Brewer