State v. Haynes

This is the second appeal in this murder case. See State v. Haynes, ,41 Or App 321, 597 P2d 1297, rev den (1979). There has not yet been a trial on the merits. See Haynes v. Burks, 290 Or 75, 619 P2d 632 (1980). (By order of the Supreme Court the trial court file, record, and transcript necessary for consideration of this appeal were in that court for a period of 90 days from July 30, 1980, to October 27, 1980. One of the issues presented in that habeas corpus proceeding was whether defendant was entitled to have the charges dismissed.)

In a pre-trial omnibus hearing the trial court originally…