State v. Graham

Defendant appeals his convictions for escape in the first degree and assault in the third degree. Of his four assignments, we discuss only the first. He contends that the trial court erred in denying as untimely his motion to disqualify the trial judge. Under our decision in State v. Hilborn, 71 Or App 534, 692 P2d 1383 (1984), defendant might have prevailed. However, under the Supreme Court’s decision, he does not. State v. Hilborn, 299 Or 608, 705 P2d 192 (1985).

The issue is the meaning of ORS 14.260, which, in relevant part, provides:

“Any party to * * * any cause * * * in a circuit court…