State v. Bisby

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 06-18-2014
  • Case #: A149333
  • Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; and Hadlock, J..
  • Full Text Opinion

A criminal defendant has the right to object to improper venue, but only in a pretrial motion as it is not a material allegation under Article I, § 11 of the Oregon Constitution.

Defendant appealed judgment of a Washington County Circuit Court's conviction. At the end of the State's case-in-chief, Defendant moved for an acquittal based on improper venue. When the appellate briefs were submitted, the Courts were in the process of hearing State v. Mills, 354 Or 350, 312 P.3d 515 (2013) which overturned earlier holdings that Defendant relied on. Consequently, where venue prior to the Mills decision was considered a material allegation under Art. I, § 11, of the Oregon Constitution, it was now considered a waivable right to object, but only by way of pretrial motion. Defendant could not be aware of this holding, and should have requested a remand. Accordingly, the court reversed and remanded.

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