State v. Meyer

The majority holds that defendant waived his right to object to the court’s ruling authorizing the joinder of separate traffic complaints under ORS 132.560(2), because he said:

“Alright, now I see. I didn’t notice that. But [the deputy-district attorney] wasn’t arguing that point earlier.”

The majority says:

“State v. Hitz, 307 Or 183, 766 P2d 373 (1988), does not require a different result. In Hitz, the court said that failure to press the argument was not waiver, once the issue had been raised. 307 Or at 187. Here, defendant did not merely fail to press the argument; he apparently agreed with…