Legal Opinion · Dissent

State v. Oxford

Court of Appeals of Oregon

Decided August 30, 2017No. C112623CR, C140104CR; A159461 (Control), A159462Published

1DissentDehoog, P. J.

In State v. Miller, 269 Or 328, 524 P2d 1399 (1974), the Oregon Supreme Court construed a Lane County Circuit Court rule that, unlike Uniform Trial Court Rule (UTCR) 4.060, required that any motion to suppress evidence be accompanied by an affidavit “setting forth all facts within [the defendant’s] knowledge upon which” the defendant intended to rely in support of the motion. See former Lane County Circuit Court (LCCC) Rule 7.015 (setting forth those requirements); Miller, 269 Or at 332-33 (quoting LCCC Rule 7.015). In holding that the trial court had erred in striking a motion to suppress…

2Cases cited4 opinions

  1. State v. JohnsonCourt of Appeals of Oregon · 1974
  2. State v. MillerOregon Supreme Court · 1974
  3. State v. Anderson-BrownCourt of Appeals of Oregon · 2016
  4. State v. Jacinto-LeivaCourt of Appeals of Oregon · 2017

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