Oregon v. Chapman
Annotate this CaseThe issue presented for the Oregon Supreme Court's review in this case was whether ordinary first-class mail is, or can be, a “class of delivery calculated to achieve delivery within three calendar days.” Defendant was convicted on driving while suspended and for failing to register her vehicle. Wishing to appeal that judgment and acting without legal representation, defendant sent a notice of appeal to the Appellate Court Administrator by first-class mail. Defendant certified that the “method of filing” she had used for her notice was “United States Postal Service, ordinary first class mail.” A postage validation imprint (PVI) label on the envelope showed that petitioner had submitted her notice of appeal to the United States Post Office (USPS) for mailing on Monday, July 9, 2018, the last day of the applicable appeals period. The Appellate Court Administrator received defendant’s notice of appeal two days later, on Wednesday, July 11, 2018. The notice was forwarded to the Appellate Commissioner, who concluded that it was untimely and issued an order dismissing defendant’s appeal on that ground. The Court of Appeals majority concluded that first-class mail could, in no circumstances, be such a class of delivery and therefore, a notice of appeal that had been dispatched by first-class mail on the last day of the appeals period and received by the court two days later was untimely - requiring dismissal of the underlying appeal. The Supreme Court rejected the appellate majority’s analysis and conclusion, and also rejected an alternative theory for dismissing the appeal that was raised in a concurring opinion - a supposed failure to comply with proof-of-mailing-date requirements in ORS 19.260(1)(a)(B) and (1)(b). Accordingly, the Court of Appeals’ dismissal of the appeal was reversed and the matter remanded to that court for further proceedings.
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