State v. Savastano

This case requires us to examine Article I, section 20, of the Oregon Constitution — the privileges or immunities provision — in the context of prosecutorial discretion. Specifically, we must determine whether Article I, section 20, applies to prosecutors’ charging decisions and, if so, whether a prosecutor must consistently adhere to a coherent, systematic policy in making charging decisions.

Defendant was accused of embezzling money from her employer in numerous transactions over a period of 16 months, and the prosecutor aggregated those transactions to indict defendant on 16 counts of theft…