State v. Kadderly

Defendant appeals her conviction of one count of prostitution, ORS 167.007, challenging the trial court’s denial of her motion to dismiss on vindictive and selective prosecution grounds. The sole issue presented is whether a prosecutor’s decision not to bring charges against persons who testify truthfully against other offenders, while charging those who invoke their Fifth Amendment privilege and decline to so cooperate, amounts to vindictive or selective prosecution as to the persons who are charged. We conclude that it does not and, consequently, we affirm.

The relevant facts are not…