State v. Burkette

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 12-02-2015
  • Case #: A155627
  • Judge(s)/Court Below: Garrett, J. for the Court; Ortega, P.J.; & Lagesen, J.
  • Full Text Opinion

In assessing the reasonableness of a delay, the court will examine the attendant circumstances including the “reasons for the delay, the length of the total delay attributable to the state, and the length of any portion of the delay that was unjustified.” Delays attributable to a lack of judicial resources “will, at some point, become unreasonable.”

Defendant appealed a conviction for misdemeanor driving under the influence, and a probation violation judgment in another case based on that DUII conviction. He assigned error to the trial court’s denial of his motion to dismiss his DUII case on speedy trial grounds under, as well as the State and Federal Constitutions. The State conceded that if the speedy trial statute remained in effect at all relevant times Defendant was entitled to have his case dismissed if the Court concluded that the statute was violated. The Court ultimately found that the statute was applicable for the time frame of this case. Further, The Court found that there was a total of 21 months of delay due to the State’s management of the case, with about five months being unexplainable. The State argued that such delay was reasonable, however, the Court did not find them persuasive. In A155648, reversed and remanded for entry of judgment of dismissal. In A155627, reversed and remanded.

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