Arraignment and Pretrial Provisions

ORS 135.825
Other disclosure to defense

  • special conditions

Except as otherwise provided in ORS 135.855 (Material and information not subject to discovery) and 135.873 (Protective orders), the district attorney shall disclose to the defense:

(1)

The occurrence of a search or seizure; and

(2)

Upon written request by the defense, any relevant material or information obtained thereby, the circumstances of the search or seizure, and the circumstances of the acquisition of any specified statements from the defendant. [1973 c.836 §215; 1999 c.304 §2]

Notes of Decisions

Court did not abuse its discretion in denying defendant's discovery motion requesting state to produce and classify extensive information on all instances of use of particular model of intoxilyzer machine. State v. Andes, 104 Or App 719, 803 P2d 273 (1990), Sup Ct review denied

Law Review Citations

10 WLJ 157 (1974)

§§ 135.805 to 135.873

See also annotations under ORS 133.755 in permanent edition.

Notes of Decisions

Copy of letter sent to district court and also to district attorney's office, entering not guilty plea and stating "by copy of this letter I am demanding reciprocal discovery from the District Attorney's office," was insufficient to make formal demand for disclosure of classes of information available under these sections. State v. Sheppard, 32 Or App 345, 573 P2d 1276 (1978), Sup Ct review denied

Specifications, operating instructions and repair and maintenance records for radar device with which arresting officer measured defendant's speed were not discoverable under these sections. State v. Spada, 33 Or App 257, 576 P2d 33 (1978), aff'd286 Or 305, 594 P2d 815 (1979)

These sections afford defendant opportunity to obtain specific and detailed information about state's theory of case and evidence it intends to produce at trial, and purposes that indictments and complaints are designed to serve in criminal cases are now served as well or better by discovery. State v. Strandquist, 57 Or App 404, 644 P2d 658 (1982), Sup Ct review denied

Nothing in discovery statutes prevents state from initiating grand jury investigation of possible criminal activities by potential defense witnesses. State v. Huffman, 65 Or App 594, 672 P2d 1351 (1983)

Where defendant appeals conviction and trial court precluded defense witness because of alleged discovery violation and state being prejudiced, trial court obligated to explore other alternatives to remedy prejudice before precluding witness from testifying. State v. Gill, 96 Or App 358, 772 P2d 957 (1989)

Law Review Citations

51 OLR 354-369 (1972); 10 WLJ 145-166 (1974); 18 WLR 279 (1982)

Source

Last accessed
Jun. 26, 2021

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