Rico-Villalobos v. Giusto

This original habeas corpus proceeding requires us to determine whether, in a pretrial release hearing for a defendant in a murder case, Oregon law permits the trial court to rely only on evidence that would be admissible in the defendant’s criminal trial. At defendant’s 1 pretrial release hearing, the trial court allowed the state to present hearsay evidence through the testimony of a police detective. Based on that evidence, the trial court denied defendant’s motion for pretrial release. Defendant challenged his continued pretrial incarceration (and, indirectly, the trial court order…