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Constitutional Law

Top Oregon Court Tells Judge to Postpone Soldier’s Probation While He’s Deployed in Afghanistan

Posted Sep 14, 2012 2:51 PM CDT
By Martha Neil

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The Oregon Supreme Court has ordered a Washington County judge to postpone the probation of an U.S. Army Reserve member so that he can deploy with his unit to Afghanistan without violating the conditions of his probation.

In a ruling Friday, the state's top court ordered Judge Gayle Nachtigal to vacate an Aug. 31 order denying a motion by Derrick James McDonald to postpone his probation until he returns from Afghanistan, reports the Oregonian. The judge must also eliminate a previous requirement that he complete sex-offender treatment before he departs.

McDonald, who is now 22, was convicted in a misdemeanor sex case three years ago concerning his relationship with his then-15-year-old girlfriend. However, he was not required to register as a sex offender.

The article doesn't explain the supreme court's reasoning, and it appears that any written opinion has not yet been posted on the court's website.

The Associated Press also has a story.

Earlier coverage:

ABAJournal.com: "Top Oregon Court Asked to Rule: Must Soldier Choose Between Violating Army Order or Probation?"

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