Legal Opinion

State v. Myers

Court of Appeals of Oregon

Decided February 11, 2009No. 04FE0112; A131358PublishedCited by 23 opinions

1Opinion of the CourtRosenblum, P. J.

Defendant appeals his convictions for assault in the fourth degree and unlawful use of an electrical stun gun. He assigns error to the trial court’s denial of his motion to dismiss on speedy trial grounds under ORS 135.747. We conclude that the state bears responsibility for a total of 18 months of the period between defendant’s indictment and his trial. Given that all of the delays were explained and, in particular, that most of the total delay is attributable to a lack of judicial resources, we conclude that defendant was brought to trial within a reasonable period of time. Accordingly, we…

2Cases cited19 opinions

  1. State v. JohnsonOregon Supreme Court · 2005
  2. State v. EmeryOregon Supreme Court · 1994
  3. State v. AdamsOregon Supreme Court · 2005
  4. State v. JohnsonOregon Supreme Court · 2007
  5. State v. DavidsOregon Supreme Court · 2005

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

3Cited by23 opinions

  1. State v. DavisCourt of Appeals of Oregon · 2010
  2. State v. StraughanCourt of Appeals of Oregon · 2014
  3. State v. PetersonCourt of Appeals of Oregon · 2012
  4. State v. AllenCourt of Appeals of Oregon · 2010
  5. State v. GarnerCourt of Appeals of Oregon · 2012

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

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