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State v. McDowell

Summarized by: 

Date Filed: 05-24-2012
Case #: S060295
Landau, J., for the Court; En Banc.
Full Text Opinion: http://courts.oregon.gov/Publications/S060295.pdf

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.

Defendant-relator petitions for a peremptory or alternative writ of mandamus compelling his release pending trial. Per ORS 136.290, a defendant may not be held for more than 60 days after the time of arrest pending trial. Defendant was held for 236 days before the trial court dismissed the charges for failure of the District Attorney to be ready to proceed with the trial. Four days later, Defendant was re-indicted for the same charges. Defendant asked to be released because he had already been held for over 60 days, but the trial court treated the second arrest as the date from which to measure for purposes of the statute. The Supreme Court held that doing so allows the DA to frustrate the purpose of the statute, which is to limit the time Defendant spends in custody pending trial, and that the total time in custody is measured against the original arrest. The Court allowed the petition for a peremptory or alternative writ of mandamus.