Blog:Main/The Companion Argument to the Savastano EP Argument - Revision history

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Just want to send out a quick reminder that if you file a [[Blog:Main/renewed_Power_Equal_Privileges_Initial_Thoughts_Savastanopettengill|''Savastano ''challenge]] to aggregation of thefts in less than 6-month increments, then you'll want to file a second challenge based on [/Embezzlement,_Criminal_Mistreatment_and_Aggregated_Thefts the argument here], where you'll also find a letter opinion granting a dismissal of all counts based on that argument. The latter argument is not dependent on whether the DA's office has a policy or not.

And as I did yesterday, I want to highlight this footnote from ''[http://www.publications.ojd.state.or.us/A141053.htm Savastano]'':

<blockquote>

''We emphasize that we do not decide that ORS 164.115(5) is facially unconstitutional; we hold only that it was unconstitutionally applied in this case. Nor do we reach the question of whether a policy based on month-by-month aggregation would necessarily violate Article I, section 20. Finally, we do not reach the question whether a policy based entirely on jury convenience would be "permissible" even if consistently applied.''

</blockquote>

That footnote tells me that there might be additional challenges to the creative aggregation that I certainly haven't quite figured out yet, but that at least crossed the mind of Judge Shuman. Be creative. Will the prosecutor scoff? Sure, that's what they do. It's a negotiating technique. But I bet they'll scoff a little less convincingly after ''Savastano''.
{{wl-publish: 2011-06-22 21:00:00 -0700 | Ryan }}

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	That footnote tells me that there might be additional challenges to the creative aggregation that I certainly haven't quite figured out yet, but that at least crossed the mind of Judge Shuman. Be creative. Will the prosecutor scoff? Sure, that's what they do. It's a negotiating technique. But I bet they'll scoff a little less convincingly after ''Savastano''.		That footnote tells me that there might be additional challenges to the creative aggregation that I certainly haven't quite figured out yet, but that at least crossed the mind of Judge Shuman. Be creative. Will the prosecutor scoff? Sure, that's what they do. It's a negotiating technique. But I bet they'll scoff a little less convincingly after ''Savastano''.
−	{{wl-publish: 2011-06-22 21:00:00 -0700 \| Ryan }}	+	{{wl-publish: 2011-06-22 21:00:00 -0700 \| Ryan:Ryan Scott }}

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−	Just want to send out a quick reminder that if you file a [[Blog:Main/~~renewed_Power_Equal_Privileges_Initial_Thoughts_Savastanopettengill~~\|''Savastano ''challenge]] to aggregation of thefts in less than 6-month increments, then you'll want to file a second challenge based on [/Embezzlement,_Criminal_Mistreatment_and_Aggregated_Thefts ~~the argument here~~], where you'll also find a letter opinion granting a dismissal of all counts based on that argument. The latter argument is not dependent on whether the DA's office has a policy or not.	+	Just want to send out a quick reminder that if you file a [[Blog:Main/Renewed_Power_of_Equal_Privileges:_Initial_Thoughts_on_Savastano-Pettengill \| ''Savastano ''challenge]] to aggregation of thefts in less than 6-month increments, then you'll want to file a second challenge based on [[Blog:Main/Embezzlement,_Criminal_Mistreatment_and_Aggregated_Thefts\|allegations that cross-relate]] , where you'll also find a letter opinion granting a dismissal of all counts based on that argument. The latter argument is not dependent on whether the DA's office has a policy or not.

	And as I did yesterday, I want to highlight this footnote from ''[http://www.publications.ojd.state.or.us/A141053.htm Savastano]'':		And as I did yesterday, I want to highlight this footnote from ''[http://www.publications.ojd.state.or.us/A141053.htm Savastano]'':