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State v. Green

Citations

  • 915 P.2d 460
  • 140 Or. App. 308
  • 1996 Ore. App. LEXIS 520

How courts have described this case

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

  • noting that the “unreasonable delay test [for determining whether a prosecution was initiated within the statute of limitations under ORS 131.135] is the same as the speedy trial analysis under Article I, section 10” (internal citations omitted)
  • noting that “an attorney’s arguments are not evidence”
  • 33-month delay between issuance and service of warrant unreasonable where state offered no explanation for delay
  • anxiety not prejudicial under speedy trial analysis when defendant had no knowledge of the indictment before arrest and, thus, no anxiety over “unresolved public accusation”
  • proper focus of statutory inquiry is not on state’s ability to reindict, but on whether the defendant caused or consented to the delay and whether the delay was unreasonable
  • “[A]n attorney’s arguments are not evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Deits, De Muniz Haselton, De Muniz

Read full opinion on CourtListener

Cited by

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

Cites

19 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.