Effect of allowance of motion
Source:
Section 135.530 — Effect of allowance of motion, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html
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Notes of Decisions
Defendant’s argument that because first indictment was quashed on constitutional grounds, trial court had no authority under this section to allow resubmission and reindictment was without merit. State v. King, 84 Or App 165, 733 P2d 472 (1987), Sup Ct review denied, aff’d on other grounds, King v. Brown, 8 F3d 1403 (9th Cir. 1993)
“Writ of habeas corpus” as used in this section refers to state writ, not to federal writ, and does not mandate retroactive application of new constitutional rules. Chavez v. State, 364 Or 654, 438 P3d 381 (2019)