State v. Hattersley

The sole issue in this case is whether a trial court’s order suppressing evidence, coming after jury selection had begun but before the jury had been impaneled and sworn, was one made “prior to trial” and therefore appealable by the state under ORS 138.060(3). 1 The Court of Appeals found the order appealable. We affirm.

The defendant was charged with the crimes of conspiracy and solicitation to commit criminal mischief, bribing a witness, tampering with a witness and attempted theft. The charges were consolidated for trial. On the day set for trial, but prior to calling the jury, the trial…