Oregon v. Moss
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Defendant Jesse Moss filed a notice of appeal and then absconded. The state moved to dismiss his appeal pursuant to the state's fugitive dismissal rule (ORAP 8.05(3)). In the meantime, Defendant was arrested and returned to custody. On the basis of his return to custody, Defendant opposed the motion to dismiss, arguing that he had "surrendered" within the meaning of the statute. The State responded that the mere fact that an absconding defendant has been apprehended by police is not sufficient to establish that he has "surrendered" within the meaning of the rule. The Court of Appeals agreed with the State and dismissed the appeal. The Supreme Court allowed Defendant's petition for review and affirmed the order of dismissal.
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