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State v. Johnson

Citations

  • 157 P.3d 198
  • 342 Or. 596
  • 2007 Ore. LEXIS 355

How courts have described this case

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

  • explaining that where the length of the delay is substantially greater than the average, the length of delay factor weighs against the state
  • noting that state and federal speedy trial guarantees are “similar” but not “identical”
  • explaining that “[w]e do so because a defendant who pre- vails on a constitutional speedy trial claim is entitled to dis- missal with prejudice,” whereas a defendant who prevails on a statutory speedy trial claim “is entitled only to dismissal without prejudice”
  • delay in bringing defendant to trial was either reasonable under ORS 135.747 or there was sufficient reason for continuing the case under ORS 135.750; Supreme Court did not decide which statute applied
  • reviewing for errors of law under a constitutional speedy-trial challenge

Source: CourtListener parenthetical corpus (CC0).

Judges: De Muniz, Carson, Gillette, Durham, Balmer, Kistler

Read full opinion on CourtListener

Cited by

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

Cites

19 cases in this archive are cited by this case.

Other cases with this name

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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.