Opinion · Orlaw Oregon

STATE EX REL DHS v. SMITH, 191 Or. App. 137 (2003)

80 P.3d 522

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
2003-11-26
Topic
general

STATE EX REL DHS v. SMITH, 191 Or. App. 137 (2003) 80 P.3d 522 In the Matter of Jon Bow Robert Michael Lea Smith, a Minor Child.STATE ex rel DEPARTMENT OF HUMAN SERVICES, Respondent, v. DIANA MARIESMITH, Appellant. J020938; A121395.Oregon Court of Appeals.Argued and submitted October 6, 2003.

Citator

UpLaw has not yet analyzed STATE EX REL DHS v. SMITH, 191 Or. App. 137 (2003). The absence of a flag is not a finding that it is good law.

STATE EX REL DHS v. SMITH,191 Or. App. 137(2003)
80 P.3d 522
In the Matter of Jon Bow Robert Michael Lea Smith, a Minor Child.
STATE ex rel DEPARTMENT OF HUMAN SERVICES, Respondent, v. DIANA MARIE
SMITH, Appellant.
J020938; A121395.
Oregon Court of Appeals.
Argued and submitted October 6, 2003.
Filed:November 26, 2003.
Appeal from Circuit Court, Marion County. Joseph C. Guimond, Judge.
Clayton C. Patrick argued the cause and filed the brief for appellant.

Devorah Signer-Hill, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.
PER CURIAM.
Affirmed.
State ex rel Dept. of Human Services v. Smith (A119798)
,190 Or. App. 570, ___ P.3d ___ (2003).

LANDAU, P.J., concurring.Page 138
LANDAU, P.J., concurring.
I would conclude that the state failed to establish by clear and convincing evidence the requirements of the statute and would vote to reverse. However, this case is materially indistinguishable from
State ex
rel Dept. of Human Services v. Smith (A119798)
,190 Or. App. 570, ___ P.3d ___ (2003). In light of the court's decision in that case, I therefore concur in affirming the judgment in this case.

ARMSTRONG, J., joins in this concurring opinion.Page 139