- Court: Oregon Court of Appeals
- Area(s) of Law: Constitutional Law
- Date Filed: 12-31-2014
- Case #: A151974
- Judge(s)/Court Below: Sercombe, P.J., for the Court; Haselton, C.J.; & Duncan, J.;
- Full Text Opinion
Defendant appeals on the basis that the State violated his right to speedy trial under the State and Federal Constitutions. Defendant was charged with first-degree manslaughter, third-degree assault, and DUII, relating to an automobile accident cause by defendant. After 26 months of delays and continuances, defendant brought his motion arguing that his right to speedy trial had been violated. The trial court granted defendant’s motion. The State appealed, and argued that the trial court erred in their interpretation of the speedy trial provisions of former ORS 135.747, and the state and federal constitutions. The State argued, and the Court of Appeals held, that defendant had not suffered any of the three kinds of prejudice: excessive pretrial detention, anxiety and stress resulting from public accusation, or impaired ability to present a defense at trial, and thus his right to speedy trial had not been violated. Reversed and Remanded.