Legal Opinion

State v. Click

Oregon Supreme Court

Decided May 17, 1988No. TC M762870, CA A43520, SC S34535PublishedCited by 9 opinions

1Opinion of the Court

*613CAMPBELL, J.

In State v. DeMello, 300 Or 590, 716 P2d 732 (1986), this court held that a defendant charged with driving while suspended may not prevail on an affirmative defense based on his lack of notice of the suspension when the evidence revealed that the defendant received a pink slip informing him that the post office was holding a certified letter for him. The question in this case is which side has the burden of proving whether or not the defendant received a pink slip when an affirmative defense is raised. We agree with the trial court and the Court of Appeals that the burden is on…

2Cases cited3 opinions

  1. State v. ButtreyOregon Supreme Court · 1982
  2. State v. DeMelloOregon Supreme Court · 1986
  3. State v. ClickCourt of Appeals of Oregon · 1987

3Cited by9 opinions

  1. State v. RodarteCourt of Appeals of Oregon · 2001
  2. Belinskey v. ClootenCourt of Appeals of Oregon · 2010
  3. State v. Sanchez-CacatzunCourt of Appeals of Oregon · 2020
  4. State v. RyanCourt of Appeals of Oregon · 1987
  5. State v. SweetCourt of Appeals of Oregon · 1988

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