Oregon v. Keys
Annotate this CaseThe primary question this case presented for the Oregon Supreme Court’s review was whether a defective waiver of a preliminary hearing deprived a circuit court of jurisdiction. The Court of Appeals accordingly considered defendant’s unpreserved challenge to his waiver, found the waiver defective, and reversed his conviction. The Supreme Court allowed the state’s petition for review to consider whether a defective waiver of a preliminary hearing was a jurisdictional defect. The Court held that Huffman v. Alexander, 251 P2d 87 (1952) stood for a more limited proposition than defendant perceived, and that the state constitutional provision on which he relied did not establish that a defective waiver of a preliminary hearing deprived a circuit court of subject matter jurisdiction. The Supreme Court accordingly reversed the Court of Appeals decision and remanded this case to the Court of Appeals for further proceedings.
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