Case Reviews/Oregon Appellate Court, February 24, 2021

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TIME LIMITATIONS - Pre-indictment delay
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'''Summarized by Rankin Johnson, OCDLA'''

'''TIME LIMITATIONS - Pre-indictment delay'''

91-month delay between initial report and indictment was lawful, notwithstanding possible loss of contemporaneous police and therapy records. Affirmed.

The court explained that defendant had no non-speculative evidence that the records would help the defense. The sentencing court, however, plainly erred in failing to merge rape and sexual abuse.

[https://link.ocdla.org/soll/A168977 State v. Benson] 309 Or App 422 (February 24, 2021) (Ortega) (Linn County, Murphy)
{{wl-publish: 2021-02-24 11:49:33 -0800 | Rankinjohnsonpdx@gmail.com:Rankin  Johnson }}