Court of Appeals of Oregon· 2/20/2002

State v. Harman

Citations

40 P.3d 1079
179 Or. App. 611
2002 Ore. App. LEXIS 308

How courts have described this case

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

holding that the five-year, seven-month delay in bringing the defen- dant to trial on a DUII charge “was not so shockingly long that dismissal is required” without looking at the other fac- tors
explaining that “nominal weight of [anxiety and stress] factors generally will not overcome the absence of either lengthy pretrial incarceration or meaningful prejudice to the defense”
noting that, to warrant dismissal based on prejudice due to undue anxiety and public suspicion, the court must find that defendant’s anxiety goes beyond the “ordinary stress and anxiety that accompanies any crimi- nal prosecution”
noting that, to warrant dismissal based on prejudice due to undue anxiety and public suspicion, the court must find that defendant’s anxiety goes beyond the “ordinary stress and anxiety that accompanies any crimi- nal prosecution”
denying the defendant’s Sixth Amendment speedy trial claim because the defendant failed to assert his right to a speedy trial
delay of 15 months attributable to state was “unreasonable” under ORS 135.747 where “no good explanation” for the delay was provided

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollheem, Haselton, Deits, Wollheim

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