Legal Opinion

State v. Kelly

Court of Appeals of Oregon

Decided June 4, 2014No. CR1000472; A146496PublishedCited by 4 opinions

1Opinion of the CourtNakamoto, J.

Defendant, owner and president of a construction company, challenges a judgment of conviction for racketeering, ORS 166.720(3), under an indictment that alleged multiple theft- and fraud-related predicate offenses stemming from defendant’s procurement and misuse of home-improvement loans. Defendant raises four assignments of error on appeal. He contends, first, that the trial court erred in denying his demurrer on the ground that the indictment was not sufficiently definite and certain; second, that the court erred in denying his motion for judgment of acquittal because there was insufficient…

2Cases cited25 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  4. State v. DavisOregon Supreme Court · 2003
  5. State v. JuryCourt of Appeals of Oregon · 2002

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3Cited by4 opinions

  1. People v. FloresAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. FloresAppellate Division of the Supreme Court of the State of New York · 2017
  3. State v. CoxCourt of Appeals of Oregon · 2024
  4. State v. Van NelsonCourt of Appeals of Oregon · 2026

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