State v. Chinn

For the reasons stated in my dissent in State v. Emery, 115 Or App 655, 840 P2d 95 (1992), I believe that the majority erroneously concludes that, because he was not prejudiced by the state’s delay in executing the warrant, defendant was not entitled to a dismissal under ORS 131.135. Moreover, I can discern no principled distinction between the 2-year and 7-month delay between the first time that the state attempted to serve the warrant and when defendant was actually served in this case and the 2-year and 7-month delay that we found was unreasonable under ORS 131.135 in State v. Barnes, 66…