Judgments
- facts conferring jurisdiction
Source:
Section 135.730 — Judgments; facts conferring jurisdiction, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html
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Notes of Decisions
State bears burden of proving jurisdictional facts in criminal cases, and defendant who is Indian and wishes to challenge state’s subject matter jurisdiction must assert defendant’s Indian status and provide court with enough evidence of that status in time to permit state to rebut evidence at trial and prove defendant’s non-Indian status. State v. Hill, 277 Or App 751, 373 P3d 162 (2016), Sup Ct review denied