SC Number:
CA Number:
Case Title:
State of Oregon v. Laurie Ann Benoit
01:30 PM
Supreme Court Case 4
Bruce Tarbox on behalf of Laurie Ann Benoit
Jeremy Rice on behalf of State of Oregon
Cody Hoesly on behalf of American Civil Liberties Union of Oregon, Inc,
Statement of Issues:
State of Oregon v. Laurie Ann Benoit (S060858) (original mandamus proceeding involving orders from Multnomah County Circuit Court).

Defendant Laurie Ann Benoit, along with approximately 49 other people, was arrested during an "Occupy Portland" protest. The defendants were charged with various misdemeanor offenses. Pursuant to ORS 161.566(1), the prosecutor elected to treat the misdemeanor offenses as violations instead. Defendant Benoit moved for a jury trial, and the trial court granted that motion. Subsequently, the State of Oregon filed a petition for a writ of mandamus, seeking a writ directing the trial court to vacate its order. The Oregon Supreme Court allowed the petition and issued an alternative writ of mandamus.

The issue in this mandamus proceeding is as follows:

Whether, when a prosecuting attorney elects to treat misdemeanor offenses as violations pursuant to ORS 161.566, any of the constitutional and statutory protections generally applicable in criminal proceedings apply to the violation proceedings?

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:
Merit Briefs

Last Revised: 05/10/2013