Oregon Appellate Ct - Dec. 18, 2013

by: Abassos • December 18, 2013 • no comments

90 Day Inmate Speedy Trial - Once There's a Continuance the 90-Day Period No Longer Applies

The 90-Day speedy trial period for inmates is not tolled when there is a valid continuance. It is no longer applicable. The only question is whether the continuances were due to motions either filed on the defendant's behalf or granted for "good cause shown." Here, defendant was serving a prison sentence and validly invoked ORS 135.763 to start the statutory requirement that the DA bring him to trial within 90 days. But when the defense attorney asked for the case to be taken off the trial docket because of competency issues, the 90-day period became inapplicable. This is true even though there was a further delay (past the 90 days) after the court found defendant fit to proceed and set the case over for "good cause". State v Ashcroft, 260 Or App ___ (12/18/2013)