Suddenly Relevant and Significant Opinion . . . .from 1973
From OCDLA Library of Defense
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by: Ryan • March 31, 2016 • no comments
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| − | :If, however, a case goes to trial and the evidence establishes that the charges are not properly joined, then either: (1) the improperly joined charges should be dismissed at the defendant's motion so that they can be the basis of a separate, later trial, ''see, State v. Clipston'', 3 Or. App. 313, 473 P.2d 682 (1970); or (2) if the jury has possibly been unduly influenced by the evidence received concerning the improperly joined charges, then the only remaining procedure is for the defendant to move for a mistrial. | + | :If, however, a case goes to trial and the evidence establishes that the charges are not properly joined, then either: (1) the improperly joined charges should be dismissed at the defendant's motion so that they can be the basis of a separate, later trial, ''see, State v. Clipston'', 3 Or. App. 313, 473 P.2d 682 (1970); or (2) if the jury has possibly been unduly influenced by the evidence received concerning the improperly joined charges, then the only remaining procedure is for the defendant to move for a mistrial. |
[https://scholar.google.com/scholar_case?case=9948462150513403119&q=State+v.+Clipston,+3+Or+App+313+%281970%29.&hl=en&as_sdt=4,38 State v. Sanchez], 14 Or. App. 234, 511 P.2d 1231 (1973) | [https://scholar.google.com/scholar_case?case=9948462150513403119&q=State+v.+Clipston,+3+Or+App+313+%281970%29.&hl=en&as_sdt=4,38 State v. Sanchez], 14 Or. App. 234, 511 P.2d 1231 (1973) | ||
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Revision as of 12:39, April 1, 2016
- If, however, a case goes to trial and the evidence establishes that the charges are not properly joined, then either: (1) the improperly joined charges should be dismissed at the defendant's motion so that they can be the basis of a separate, later trial, see, State v. Clipston, 3 Or. App. 313, 473 P.2d 682 (1970); or (2) if the jury has possibly been unduly influenced by the evidence received concerning the improperly joined charges, then the only remaining procedure is for the defendant to move for a mistrial.
State v. Sanchez, 14 Or. App. 234, 511 P.2d 1231 (1973)
