State v. Stahley

State v. Stahley was previously before this court, 7 Or App 464, 492 P2d 295 (1971), on appeal by the state from an order suppressing evidence. The trial court, had ruled that a district court suppression order was res judicata and binding on the circuit court. We reversed and remanded to give the circuit court an opportunity to make an independent determination as to the merits of the motion to suppress. Thereafter, the circuit court in that case allowed the motion to suppress and dismissed the indictment. The state did not appeal as authorized by ORS 138.060 (4) ① but, instead, defendant…