State v. Fleetwood

The state appeals from the trial court’s order dismissing with prejudice an indictment that charged defendant with distribution of a controlled substance, ORS 475.992, on the ground that pretrial delay violated defendant’s rights under Article I, section 10, of the Oregon Constitution. In particular, the court determined that the total delay of nearly nine years, including over eight years devoted to the appeal of the trial court’s suppression of evidence obtained though the use of a body wire, State v. Fleetwood, 127 Or App 558, 872 P2d 998 (1994), rev’d and rem’d, 331 Or 511, 16 P3d 503…