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Oregon Supreme Court· 3/24/1994

State v. Emery

Citations

  • 869 P.2d 859
  • 318 Or. 460
  • 1994 Ore. LEXIS 20

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that two-year, unjustified pretrial delay on citation for illegal possession of a game animal caused anxiety and inconvenience but was insufficient to require dismissal under Article I, section 10
  • concluding that the defendant failed to show a reasonable possibility of prejudice because he did “not explain specifically how his ability to defend himself was prejudiced by the faded memories” of witnesses
  • concluding that the two-year delay in bringing defendant to trial was attributed to the state, but, because there was no intentional misconduct, the Article I, section 10, inquiry “turn[ed] on * * * whether defendant was prejudiced by the delay”
  • suggesting that dismissal under Article I, section 10, is an appropriate remedy only where there is extreme and wholly unjustified passage of time, purposeful prosecutorial delay, or probable prejudice to the defense
  • observing that the purpose of the speedy trial statute is to “provider] a method for dismissing cases that are languishing in the criminal justice system without affecting the state’s ability to reprosecute serious charges”
  • rejecting notion that ORS 135.747 requires showing of prejudice to defendant for trial court to dismiss accusatory instrument when defendant is not brought to trial “within a reasonable period of time”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Van Hoomis-Sen, Fadeley, Unis, Graber

Read full opinion on CourtListener

Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

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