Limit on custody of defendant prior to trial
- release if limit exceeded
Source:
Section 136.290 — Limit on custody of defendant prior to trial; release if limit exceeded, https://www.oregonlegislature.gov/bills_laws/ors/ors136.html.
Notes of Decisions
This section is clear and unambiguous in its terms and the defendant’s trial must be commenced within 60 days of his arrest. Price v. Zarbano, 265 Or 126, 508 P2d 182 (1973)
If defendant is eligible for release under statutory scheme, release of defendant is mandatory and court has no discretion. Collins v. Foster, 299 Or 90, 698 P2d 953 (1985)
Terms in section providing that court shall release upon whatever additional reasonable terms and condition court deems just do not include setting security amount which person in custody cannot meet. Collins v. Foster, 299 Or 90, 698 P2d 953 (1985)
Language of this statute contains objective criteria and requires mandatory action that creates liberty interest in being free from incarceration without prompt retrial and trial procedures. Oviatt v. Pearce, 954 F2d 1470 (1992)
Sixty day time limit for pretrial custody does not restart when defendant is released from and subsequently returned to custody. State v. McDowell, 352 Or 27, 279 P3d 198 (2012)
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