Oregon Appellate Court, February 24, 2021
From OCDLA Library of Defense
< Blog:Case Reviews(Difference between revisions)
by: Rankin Johnson • February 24, 2021 • no comments
(Created page with " <summary hidden> TIME LIMITATIONS - Pre-indictment delay </summary> '''Summarized by Rankin Johnson, OCDLA''' '''TIME LIMITATIONS - Pre-indictment delay''' 91-month delay...") |
|||
| Line 11: | Line 11: | ||
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. | 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/ | + | [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 }} | {{wl-publish: 2021-02-24 11:49:33 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson }} | ||
Latest revision as of 12:51, February 25, 2021
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.
State v. Benson 309 Or App 422 (February 24, 2021) (Ortega) (Linn County, Murphy)
