Oregon v. McDowell
Annotate this CaseRealtor-Defendant Dylan McDowell petitioned for a peremptory or alternative writ of mandamus to compel his release pending trial. He contended that he was entitled to release under ORS 136.290, which provides, in part, that a criminal defendant "shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest." According to Defendant, he was indicted, arrested, and then held more than 60 days, when the state dismissed the charges and released him. Several days later, however, the state reindicted him on the same charges and arrested him again. He contended that the 60-day statutory deadline ran and that the circuit court erred in denying his motion to be released under ORS 136.290. The state argued that the court did not err in denying relator's motion, because the statutory 60-day deadline recommenced upon his rearrest. Upon review, the Supreme Court agreed with Defendant and issued a peremptory writ of mandamus ordering the trial court to release Defendant immediately.
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