Oregon v. Glushko
Annotate this CaseTwo cases involving ORS 135.747 were consolidated in this opinion. In the first case, the State charged Defendant Vladmir Glushko with one count of attempt to elude, one count of reckless driving and one count of driving under the influence (DUI). Defendant pled not guilty, but entered a diversion agreement as to the DUI charge. The court received notice that Defendant failed to attend a "victim impact panel" as a part of his diversion program. Subsequently, Defendant was ordered to court to "show cause" as to why his diversion should not be revoked. Defendant failed to appear at the show cause hearing, and accordingly, the court revoked the diversion and issued a warrant for Defendant's arrest. In the second case, Defendant Harold Little was cited for DUI and ordered to appear for arraignment. Defendant appeared, and at that time, the court entered a release order which required Defendant to appear one week later. Defendant failed to appear and the court issued a warrant for his arrest. Both Defendants appealed, arguing that the trial courts erred in denying their respective motions to dismiss. Both argued that under ORS 135.747 whether or not they were deprived of their statutory right to a speedy trial "hinged" on the delay between the dates the courts issued arrest warrants and the dates the warrants were executed. This delay would be grounds for dismissal of the charges against them. The appellate court affirmed both cases without opinion. The issue before the Supreme Court was whether Defendants' failures to appear at scheduled hearings was "consent" to delay as used in the statute, and if not, whether the delay was reasonable nonetheless. Upon review, the Court concluded that although Defendants did not consent to the delays that occurred in their cases as a result of their failures to appeal, the delays were reasonable. The trial courts therefore did not err in denying Defendants' motions to dismiss on statutory speedy trial grounds.
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