Oregon Supreme Court 5-24-2012

by: Sduclos • May 24, 2012 • no comments

60-Day Pretrial Custody Rule Does Not Renew After Dismissing Original Indictment and Reindicting Defendant on Same Charges

The OSC held today that the state cannot renew the 60-day time limit in ORS 136.290 for pretrial custody by releasing defendant from custody and dismissing the original charging instrument (here, because defendant was held beyond the 60-day limit originally) then recharging and arresting defendant for the same crime.

In a unanimous opinion by J. Landau, the Court held that if the state could use the second arrest as the relevant arrest for beginning the 60-day period, the "obvious purpose of the statute***to limit the amount of time that a defendant may be held in custody pending trial," would be frustrated. Furthermore, the court noted that the legislature clearly contemplated potential interruptions of custody in enacting ORS 136.295(5), which tolls, but does not renew, the statutory period when there is an interruption.

The OSC issued a mandamus to Washington County Circuit Court Judge Kirsten Thompson to release the defendant from custody. State v. McDowell.