State v. Schindler

In State v. Mills, 354 Or 350, 369-70, 372-73, 312 P3d 515 (2013), the Supreme Court held that the right to a trial in a particular place protected by Article I, section 11, of the Oregon Constitution is a procedural “right not to be dragged away to a distant place of trial — a right that would be subject to waiver if not asserted” and resolved in a timely manner before trial. In so doing, the court reversed 90 years of precedent holding that, under Article I, section 11,1 venue was a material element of any criminal offense that had to be proved by the prosecution beyond a reasonable doubt,…