Same Criminal Episode Oral Argument
by: Ryan • November 4, 2012 • no comments
On Monday, the Oregon Supreme Court will hear argument in State v. Campbell. And you can watch from the comfort of your home or office, either live or after the fact. Just go to the Oregon Supreme Court webcasting page.
The Court's description of the issue presented is this:
Defendant Harold Lee Campbell seeks review of a Court of Appeals decision that affirmed without opinion his conviction for unlawful possession of methamphetamine. On review, the issue is: Do the former jeopardy protections of ORS 131.515 and Article I, section 12, of the Oregon Constitution, bar a prosecution for possession of methamphetamine when the state previously prosecuted the defendant for driving under the influence of a controlled substance based on the same incident?
Note that the State (which was successful at the Court of Appeals) believes the DUII and the PCS from one incident (i.e., a traffic stop) are from separate criminal episodes.
Let's assume the state prevails. This is a double jeopardy case, but the double jeopardy analysis regarding "same criminal episode" is pretty much the same as the analysis under joinder and at sentencing.
If the state wins this argument at the Supreme Court, what then would be the basis for charging a PCS and a DUII in the same indictment? They aren't same or similar crimes. Nor do they represent a "common scheme or plan." Every indictment that alleges both is, therefore, subject to a demurrer.
If you win, and the state reindicts, then maybe the DUII jury doesn't hear about the PCS (depends, depends). And if you lose the demurrer, then success at the COA means it would be too late to reindict. In this age of long-term consequences, getting rid of that DUII even 3 years from now is a very big deal.
