McNutt v. DMV (Order Affirming by an Equally Divided Court) ( 2003 )

IN THE SUPREME COURT OF THE STATE OF OREGON In the Matter of the Revocation of the Driving Privileges of ) Marion County Circuit Court ) Case no. 99C-12784 TIMOTHY LEE MCNUTT, ) ) Petitioner-Appellant, Petitioner on Review, ) SC S49002 v. ) CA A109284 ) DRIVER AND MOTOR VEHICLE ) SERVICES DIVISION (DMV), ) ) Respondent-Respondent, Respondent on Review. ) ---------------------------------------- ) TODD BRADLEY MANNELIN, ) Marion County Circuit Court ) Case no. 99C-12847 Petitioner-Appellant, Petitioner on Review, ) v. ) ) SC S49023 DRIVER AND MOTOR VEHICLE ) CA A108316 SERVICES BRANCH (DMV), ) ) Respondent-Respondent, Respondent on Review. ) ------------------------------------------ ) In the Matter of the Suspension of the Driving Privileges of ) Marion County Circuit Court ) Case no. 99C-12646 BRAD JARRETT DELZER, ) ) SC S49212 Petitioner-Appellant, Petitioner on Review, ) CA A107761 v. ) ) DRIVER AND MOTOR VEHICLE SERVICES ) BRANCH, (DMV), ) ORDER AFFIRMING ) BY AN EQUALLY Respondent-Respondent, Respondent on Review, ) DIVIDED COURT Upon consideration by the court. These cases are consolidated for decision. The decision of the Court of Appeals is affirmed by an equally divided court. Dated this day of November 2003. WALLACE P. CARSON, JR. CHIEF JUSTICE Leeson, J., resigned January 31, 2003, and did not participate in the decision of this case. Kistler, J., did not participate in the consideration or decision of this case.