State v. Cookman

The lead opinion is probably correct that ORS 131.125(2), as applied to revive defendant’s previously time-barred prosecution, violates due process. However, I do not reach that question, because the trial court’s judgment can and should be affirmed on state constitutional grounds. See State v. Kennedy, 295 Or 260, 262, 666 P2d 1316 (1983).

It is well established that Oregon courts have independent responsibility to construe the Oregon Constitution, and that the decision whether to follow federal precedents must be made on a case-by-case basis. See, e.g., State v. Caraher, 293 Or 741, 748, 643…