State v. Coburn

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 12-12-2012
  • Case #: A145768
  • Judge(s)/Court Below: Brewer, J. for the Court; Armstrong, P.J.; and Duncan, J.
  • Full Text Opinion

Under ORS 135.747, the speedy trial provision, a delay attributable to the State in bringing an individual to trial is reasonable if it was caused by lack of judicial resources and the delay was less than the applicable statute of limitations.

Defendant appealed her convictions for felony drug possession and misdemeanor child endangerment. She argued that the trial court erred in denying her motion to dismiss because her right to a speedy trial was violated under ORS 135.747; there was an 18.5 month delay attributable to the State that Defendant contended was unreasonable. The State argued that the delay was reasonable because it was not caused by neglect, but rather by an insufficient number of judges in Josephine County. The State also pointed out that the 18.5 month delay was shorter than the 3-year statute of limitations for felonies. Per State v. Glushko/Little, all of the attendant circumstances must be analyzed in determining whether a delay is reasonable. Additionally, State v. Adams indicates that a delay that roughly equals the statute of limitations is too long. The Court of Appeals held that the 18.5 month delay by the State was reasonable because of the lack of judicial resources in Josephine County and that the delay was only approximately half the length of the statute of limitations. Affirmed

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