Oregon Supreme Court 12-18-09

by: Abassos • December 17, 2009 • no comments

Read the full article for details about the following new cases:

• Prison Appeals Must Be By Certified Mail

Only one case this week from the Supremes and it has to do with filing appeals. Funny story, Oregon Rule of Appellate Procedure 1.35(4) says that an incarcerated person has filed something on the date he hands it to the place in the prison for outgoing mail. But ORS 19.260(1) says that a petition is filed upon mailing only if it's sent by registered or certified mail. So our protagonist, presumably relying on the rule that he can file an appeal on the 30th day from prison, does exactly that. So sorry, say the Supremes. The rules come from the statutes so the statutes trump. The statutes say the appeal had to be by registered or certified mail if it doesn't get to the court by the 30th day. So the appeal is dismissed as untimely. Oh, and defendant won his appeal at the appellate level. So his win is lost on a technicality. State v. Harding