Releasable offenses
Source:
Section 135.240 — Releasable offenses, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
See also annotations under ORS 140.020 and 140.030 in permanent edition.
Notes of Decisions
Where record supported trial court’s finding that evidence of accused’s guilt was strong and trial court’s conclusion that she was not entitled to release, Supreme Court would not use writ of habeas corpus to look to reasons behind trial court order. Haynes v. Burks, 290 Or 75, 619 P2d 632 (1980)
Requirement that release be denied absent clear and convincing evidence that defendant will not commit new crimes while on release violates right to bail under section 14, Article I of Oregon Constitution. State v. Sutherland, 329 Or 359, 987 P2d 501 (1999)
Defendant has right to hearing to challenge propriety of applying statutory $50,000 security amount. State v. Sutherland, 329 Or 359, 987 P2d 501 (1999)
In demonstrating to court that proof of murder defendant’s guilt is evident or presumption of guilt is strong, state may rely on evidence that would not be admissible at trial. Rico-Villalobos v. Guisto, 339 Or 197, 118 P3d 246 (2005)
In determining whether defendant is eligible for release, representations by counsel of what evidence will show is not evidence. State v. Slight, 301 Or App 237, 456 P3d 366 (2019)
Law Review Citations
51 OLR 652, 662 (1972)
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