Legal Opinion
City of Lake Oswego v. Ritchie
Court of Appeals of Oregon
Decided November 19, 1986No. 85-119; CA A36084PublishedCited by 5 opinions
1Opinion of the Court
*436RICHARDSON, P. J.
Defendant was charged with speed racing, a class A traffic infraction. Former ORS 487.515 (now renumbered ORS 811.125). He was tried and acquitted in the Lake Oswego municipal court. The city appealed pursuant to ORS 153.595(1), seeking a second trial in the circuit court.1 See ORS 53.090. Defendant moved to dismiss the appeal on the ground that it would constitute a second prosecution for the same offense and would therefore violate his right against double jeopardy. The circuit court agreed and dismissed the action. The city appeals, and we affirm.
The parties focus…
2Cases cited3 opinions
- Brown v. Multnomah County District CourtOregon Supreme Court · 1977
- Whipple v. HowserOregon Supreme Court · 1981
- State v. WalterCourt of Appeals of Oregon · 1978
3Cited by5 opinions
- State v. WarnerCourt of Appeals of Oregon · 2005
- State v. CuffeeCourt of Appeals of Oregon · 1987
- Taylorsville City v. AdkinsCourt of Appeals of Utah · 2006
- State v. WarnerOregon Supreme Court · 2007
- City of Lake Oswego v. RitchieCourt of Appeals of Oregon · 1986