Notice requesting early trial on pending charge
Source:
Section 135.760 — Notice requesting early trial on pending charge, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
See also annotations under ORS 134.510 in permanent edition.
Notes of Decisions
Letter of inmate to district attorney requesting information concerning status of pending charge of theft was not “notice requesting trial” pursuant to ORS 135.763. State v. Williams, 39 Or App 223, 592 P2d 226 (1979)
Where ORS 135.763 states that district attorney’s duty to act does not arise until he receives notice under this section, defendant’s testimony that he sent notice to district attorney, which trial court believed, was sufficient to activate presumption that notice was received and trial court must determine whether state rebutted presumption and if so, whether district attorney received it more than 90 days before motion to dismiss. State v. Liefke, 101 Or App 208, 789 P2d 700 (1990)
Penalty-phase proceeding is not subject to speedy trial request because no charge is pending at that phase. State v. Pinnell, 319 Or 438, 877 P2d 635 (1994)
Where inmate defendant is aware that indictment, information or complaint is pending or has been filed and knowingly fails to file notice requesting trial, defendant is precluded from asserting that subsequent period of delay violates speedy trial right under [former] ORS 135.747. State v. Ayers, 203 Or App 683, 126 P3d 1241 (2006), modified 207 Or App 668, 143 P3d 251 (2006), Sup Ct review denied
Request from incarcerated defendant to be tried within 90 days on pending harassment charge is sufficient to trigger 90 days period in ORS 135.763. State v. Ashcroft, 260 Or App 1, 316 P3d 355 (2013), Sup Ct review denied
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