Legal Opinion
State v. Misten
Court of Appeals of Oregon
Decided September 7, 1976No. C 75-07-2321 Cr and C 75-07-2322 Cr, CA 6271PublishedCited by 5 opinions
1Opinion of the Court
SLOAN, S. J.
The trial court denied defendant’s motion to dismiss on the grounds of double jeopardy. The motion was based on the following undisputed facts:
Defendant was charged with driving under the influence of alcohol and with driving a vehicle having .15 percent or more by weight of alcohol in his blood. The case was before the circuit court on appeal from a conviction on both charges following a trial in the district court.
In the morning before trial commenced, court and counsel were told that each of four police officers, who were essential witnesses for the prosecution, was assigned…
2Cases cited4 opinions
- Wade v. HunterSupreme Court of the United States · 1949
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Cornero v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- State v. EmbryCourt of Appeals of Oregon · 1974
3Cited by5 opinions
- State v. Van SantSupreme Court of Connecticut · 1986
- State v. MessierNew Mexico Court of Appeals · 1984
- State v. SharpCourt of Appeals of Oregon · 1977
- State v. ConneryNevada Supreme Court · 1984
- State v. GillespieCourt of Appeals of Oregon · 2019