Legal Opinion
State v. Caruso
Oregon Supreme Court
Decided June 24, 1980No. TC 78-26700 CA 14143 and SC 26704PublishedCited by 23 opinions
1Opinion of the Court
*317TANZER, J.
We accepted review of this criminal case in order to consider the extent to which ORS 135.037 requires pretrial omnibus hearings.1 Instead, after supplemental briefing, we conclude that ORS 138.060, which regulates the scope of state’s appeals in criminal cases, is dispositive.
Defendant was charged with driving under the influence of intoxicants in violation of ORS 487.540. The prosecutor moved for a pretrial hearing to determine the admissibility of a breath test result. The trial court refused to hear the matter prior to trial and called the case for trial. The prosecutor…
2Cases cited9 opinions
- State v. KoenneckeOregon Supreme Court · 1976
- State v. HoareCourt of Appeals of Oregon · 1975
- State Ex Rel. Automotive Emporium, Inc. v. MurchisonOregon Supreme Court · 1980
- State v. SharpCourt of Appeals of Oregon · 1977
- State v. SieckmannOregon Supreme Court · 1968
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. ShawOregon Supreme Court · 2005
- State v. FergusonCourt of Appeals of Oregon · 2005
- State v. MontgomeryOregon Supreme Court · 1983
- State v. WilliamsCourt of Appeals of Oregon · 1999
- Liberty Northwest Ins. Corp. v. JacobsonCourt of Appeals of Oregon · 1999
18 more not listed; retrieve them via the Exa API.