Willamette Law Online

Oregon Supreme Court

( 2 summaries )

Opinions Filed in May 2012

State v. McDowell

Criminal Procedure: For purposes of ORS 136.290, which limits the time a defendant may be held in custody pending his trial to 60 days after the arrest, if the accusatory instrument is dismissed and the defendant is re-arrested and re-indicted on the same charges shortly thereafter, the time in custody is measured from the date of the original arrest.

(Filing Date: 05-24-2012)

State v. Eumana-Moranchel

Evidence: When there is a delay between a DUII arrest and a breath or blood test, the State may offer expert testimony explaining retrograde extrapolation to establish a defendant's blood alcohol content (BAC) was over the limit at the time defendant was driving.

(Filing Date: 05-10-2012)