Arraignment and Pretrial Provisions
Dismissal of criminal proceeding not brought to trial within allowed time
- exceptions
See also annotations under ORS 134.530 in permanent edition.
Notes of Decisions
State may not avoid requirement of bringing defendant to trial within 90 days by voluntarily dismissing indictment then reindicting defendant. State v. Gilliland, 90 Or App 477, 752 P2d 1255 (1988)
Where neither district attorney nor defendant requested continuance under ORS 135.763, court had no authority to deny defendant's motion to dismiss when trial was not commenced within 90 days of receipt of notice. State v. Person, 113 Or App 40, 831 P2d 700 (1992), aff'd 316 Or 585, 853 P2d 813 (1993)
Dismissal of charge for failure to bring defendant to trial within 90 days must be with prejudice. State v. Waechter, 163 Or App 282, 986 P2d 1281 (1999)
Where court grants continuance at request of defense counsel, dismissal under this section of charges against defendant is not appropriate. State v. Ashcroft, 260 Or App 1, 316 P3d 355 (2013), Sup Ct review denied
Notes of Decisions
Where defendant, who requested speedy trial, made written motion for psychiatric examination and a continuance, state had already set trial within 90-day limit, and examination was delayed because of state hospital backlog which resulted in delay of trial beyond 90-day limit, circumstances were not sufficient to require dismissal of charges. State v. Fannin, 48 Or App 795, 617 P2d 953 (1980)
Where accusatory instrument did not exist at time defendant claims to have given written notice requesting speedy trial, notice cannot trigger statutory rights. State v. Easton, 103 Or App 184, 797 P2d 373 (1990)