Legal Opinion

State v. Harberts

Court of Appeals of Oregon

Decided March 30, 2005No. CR0002110; A114825PublishedCited by 9 opinions

1Opinion of the CourtLandau, P. J.

Defendant appeals a judgment of conviction on one count of sexual abuse in the first degree. Former ORS 163.425 (1983), renumbered as ORS 163.427 (1991). He assigns error to the trial court’s (1) denial of his motion to dismiss the indictment as untimely; (2) exclusion of evidence that defendant claims would have shown the bias of the complaining witness; and (3) denial of his motions in arrest of judgment proffered on the ground that the indictment did not state an offense. We affirm.

I. FACTUAL BACKGROUND

In July 1989, defendant was arrested for the aggravated murder of Kristina Hornych. At…

2Cases cited26 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Calder v. BullSupreme Court of the United States · 1798
  4. Collins v. YoungbloodSupreme Court of the United States · 1990
  5. Beazell v. OhioSupreme Court of the United States · 1925

21 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. QuintoNew York Court of Appeals · 2012
  2. State v. PrangeCourt of Appeals of Oregon · 2011
  3. State v. SUPANCHICKCourt of Appeals of Oregon · 2011
  4. State v. PhillipsCourt of Appeals of Oregon · 2011
  5. State v. MathesonCourt of Appeals of Oregon · 2008

4 more not listed; retrieve them via the Exa API.

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