State v. Dike

The state appeals an order dismissing an indictment for preindictment delay. We reverse.

Both parties rely on Article I, section 10, of the Oregon Constitution, and the Fifth, Sixth and Fourteenth Amendments. Section 10 has not been interpreted to protect against preindictment delay. The phrase “justice shall be administered * * * without delay” is directed to unreasonable delay after a charge has been formally made. State v. Serrel, 265 Or 216, 218, 507 P2d 1405 (1973); State v. Vawter, 236 Or 85, 90, 386 P2d 915 (1963). The provision parallels the Sixth Amendment protection of the right to a…