Oregon v. Bray
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In this criminal case, the victim filed an interlocutory appeal challenging several orders of the trial court that she contended violated her right to "refuse an interview, deposition or other discovery request by the criminal defendant," under Article I, section 42(1)(c), of the Oregon Constitution. Defendant attempted to obtain from Google, Inc., by subpoena duces tecum "all internet activity and searches conducted by [the victim], email [of the victim] . . . including IP addresses, web searches requested, results, and sites viewed" as well as "[a]ny and all of [the victim's] email . . . to or from anyone concerning [defendant]." Google denied defendant's request, asserting that, under the federal Electronic Communications Privacy Act, 18 USC 2702(a) (2006), the company was prohibited from disclosing the information without the victim's consent or a court order. The prosecuting attorney requested the victim's consent, but she refused. Defendant then renewed his motion to compel. The prosecuting attorney opposed defendant's motion, arguing that requiring the discovery of the requested information following the victim's refusal to provide it would violate her right to refuse a discovery request under the Oregon Constitution. In December 2011, the trial court held a hearing on the prosecuting attorney's objections. Ultimately, the trial court overruled those objections and ordered the prosecuting attorney to obtain the Google information on defendant's behalf. Following arguments on the matter, the trial court denied the relief requested by the victim. The trial court explained that "the Court has never ordered the victim to produce anything and so there is nothing that the Court has ordered that is inconsistent with . . . her protections under . . . the Oregon [C]onstitution[.]" Upon review, the Supreme Court dismissed the interlocutory appeal: "[t]he victim had seven days from the trial court's issuance of its order denying her requested relief. . . . The victim did not file her notice of interlocutory appeal until April 27, 2012. The appeal was untimely. The timely filing of the notice of interlocutory appeal is 'jurisdictional and may not be waived.'" Accordingly, the Court dismissed the victim's appeal.
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