Legal Opinion
State v. Whitlow
Court of Appeals of Oregon
Decided April 23, 2014No. CR090320; A149541PublishedCited by 2 opinions
1Opinion of the CourtHaselton, C. J.
Defendant was charged with multiple counts of sexual abuse. ORS 163.427. After a first trial resulted in a mistrial, the state reprosecuted and defendant moved to dismiss based on (1) preindictment delay, invoking the Fifth and Fourteenth Amendments to the United States Constitution, and (2) lack of speedy trial, invoking former ORS 135.747 (2011), repealed by Or Laws 2013, ch 431, § 1, Article I, section 10, of the Oregon Constitution, and the Sixth and Fourteenth Amendments to the United States Constitution. In a separate motion, defendant also sought dismissal on double jeopardy grounds,…
2Cases cited16 opinions
- United States v. MarionSupreme Court of the United States · 1971
- United States v. LovascoSupreme Court of the United States · 1977
- Alford v. United StatesSupreme Court of the United States · 1931
- Ball v. GladdenOregon Supreme Court · 1968
- State v. EhlyOregon Supreme Court · 1993
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3Cited by2 opinions
- State v. BensonOregon Supreme Court · 2022
- State v. RalstonCourt of Appeals of Oregon · 2021