Note: This Petition is as submitted to the Oregon Supreme Court.

The Washington Appeal Brief is also available on line with the record. These is also a page with links to the sections describing events as they occurred.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries (signatures) are shown in italics and underlined. The pdf file which was emailed to briefs@ojd.state.or.us is available, though it appears that only the briefs submitted after judicial review is granted need to sent as pdf files.



Supreme Court
State of Oregon

State of Oregon

Petitioner-Respondent-Respondent

versus

Brian Patrick Carr

Defendant-Appellant-Petitioner


Petition for Judicial Review
Decision of the Court of Appeals

Case A132012
Honorable Haselton, Armstrong, and Rosenblum
November 7, 2007


Brian P. Carr
11301 NE 7th St, Apt J5
Vancouver, WA 98684
503-545-8357

Respondent:
Hardy Myers, #64007, Attorney General
Mary Williams, #91124, Solicitor General
Christina M. Hutchins, #92470, Assistant Attorney General
1162 Court Street NE
Salem, OR 97301
503-378-4402
christina.hutchins@doj.state.or.us



Petition for Judicial Review, November 20, 2007CA A132012 1 / 4


IN THE SUPREME COURT OF THE
STATE OF OREGON

The State of Oregon

Plaintiff / Respondent / Respondent

versus

Brian P. Carr

Defendant / Appellant / Petitioner

Case
Clearing 0923389
DA 2037182-1
CA A132012

Petition for Judicial Review of
Decision of the Oregon Court of Appeals

The Defendant / Appellant / Petitioner, Brian P. Carr, hereby seeks judicial review of the Decision filed on November 7, 2007 by the Oregon Court of Appeals Judges Haselton, Armstrong, and Rosenblum in this matter. A true and accurate copy of this decision is attached.

Parties

The parties to this review are:

Hardy Myers, #64007, Attorney General
Mary Williams, #91124, Solicitor General
Christina M. Hutchins, #92470, Assistant Attorney General
1162 Court Street NE
Salem, OR 97301-4096
Telephone: (503) 378-4402
christina.hutchins@doj.state.or.us
Defendant / Appellant / Appellant
Brian P. Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
503-545-8357
brian@brian.carr.name

Decision for which review is sought

The decision of the Court of Appeals in its entirety was 'AFFIRMED WITHOUT OPINION'. The trial court's decision was not substantially longer though there was some justification at the hearing in the matter.

Justification for Review

The trial court relied on narrow interpretations of the trial court's jurisdiction in ORS 137.225, ORS 33.015-155, ORS 181-555, and OAR 257-010-0035 (3) in denying the Motion to Set Aside (arrest record) with the unfortunate effect of leaving gaps in the due process procedures required by the Fourteenth Amendment of the U.S. Constitution. The court declined to address the request for relief under the Fourteenth Amendment of the U.S. Constitution with respect to due process and equal protection under the law.

Petition for Judicial Review, November 20, 2007CA A132012 2 / 4


One of the questions requested for consideration is whether the state can discriminate against those individuals who were arrested but for whom there was no probable cause of any crime or other justification for the arrest. The absence of any crime associated with an arrest is not justifiable discrimination for precluding the sealing of the record of the arrest as would be permitted if there had been probable cause of some crime. While the trial court cautiously cited a lack of jurisdiction concerning due process in the state's maintenance of criminal records, it would be appropriate for state courts address these issues before federal courts are asked to ruleon these matters. The other questions raised in the petitioner's brief to the Court of Appeals are requested for consideration as well.


Certification of Filing

I certify that on November 20, 2007 I filed the original of this petition for judicial review with the State Court Administrator at the following address:

State Court Administrator
Supreme Court Building
1163 State Street
Salem, OR 97301-2563

by mailing with the United States Postal Service via ordinary first class mail. If it is not received and filed in the required time frame, an alternative method of filing will be attempted.

Certification of Service

I certify that on November 20, 2007 I served a true copy of this petition for judicial review on the state and Oregon Court of Appeals at the following addresses:

Reference CA A132012
Hardy Myers, #64007, Attorney General
Mary Williams, #91124, Solicitor General
Christina M. Hutchins, #92470, Assistant Attorney General
1162 Court Street NE
Salem, OR 97301-4096

and


Petition for Judicial Review, November 20, 2007CA A132012 3 / 4


Oregon Court of Appeals
Reference CA A132012
State Court Administrator, Records Section
Supreme Court Building
1163 State Street
Salem, OR 97301-2563


by mailing with the United States Postal Service via ordinary first class mail.


Dated:

Location:

November 20, 2007

Vancouver, WA
Brian P. Carr
Signature of Petitioner
Brian P. Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
503-545-8357

Petition for Judicial Review, November 20, 2007CA A132012 4 / 4


Appended as the last page (copied onto the inside of the back cover) was the Decision of the Court of Appeals.

This page was last updated on November 22, 2007.