Oregon Supreme Court

State of Oregon ex rel. Gladden v. Lonergan

April 14, 1954201 Or. 163

Summary

The Oregon Supreme Court held that a circuit court had jurisdiction to compel production of a convicted prisoner to testify orally for a criminal defendant. It concluded that the statute requiring a convicted felon's testimony to be taken by deposition was unconstitutional as applied because it conflicted with the accused's rights to face-to-face testimony and compulsory process. Justice Lusk, specially concurring, would have reached the same result solely under the compulsory-process guarantee, and Justice Warner joined that concurrence.

Holding

  • Authority to compel the imprisoned felon's personal attendance. The circuit court had jurisdiction and authority to order the warden to produce Phillip Wallace in court for oral testimony on behalf of the criminal defendant.