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State v. Bray

Summarized by: 

Date Filed: 06-07-2012
Case #: S060320
Landau, J. for the Court; En Banc; De Muniz, J. concurring.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/S060320.pdf

Criminal Procedure: Under ORS 147.537(8), an interlocutory appeal from a contested court order must be brought within 7 days from the issuance of the order.

The victim in a criminal proceeding claimed to the trial court that a discovery order violated her right to refuse a discovery request under Article I, section 42, of the Oregon Constitution. The trial court denied the victim relief and issued a new order. Because this is a victim's rights case, the victim's appeal was expedited to the Oregon Supreme Court. Under ORS 147.537(8), the victim had 7 days to appeal from the issuance of the order. The victim filed her appeal 21 days after the order and thus the Supreme Court found that it was untimely. Therefore, the Court concluded that it lacked jurisdiction to hear the case. Interlocutory appeal is dismissed.