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The person may also request a trial by a written declaration in the following states: California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming. [1] In the case of a trial by written declaration, the accused does not have to be present in the courtroom; they may just explain the reason to defense for the case.
The Court of Appeals of Oregon, sitting en banc, affirmed their convictions. In doing so, the court relied on a previous Oregon Supreme Court case, State v. Gann, 254 Or. 549 (1969), [16] that had upheld the provision of the Oregon Constitution allowing the 10–2 jury practice as not a violation of the Fourteenth Amendment. [17]
A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
An Oregon judge is set to decide whether a gun control law approved by voters in November violates the state’s constitution in a trial that started Monday. The law, one of the toughest in the ...
Darleen Ortega (born c. 1962) is an American attorney and judge in the state of Oregon.A native of California, she has served on the Oregon Court of Appeals since 2003. She is the first woman of Hispanic heritage and the first woman of color to serve on that court.
Oregon's state courts are courts of general jurisdiction, unlike federal courts. [11] That is, the state courts can hear all cases regardless of whether the dispute is based on state law, federal law, or a combination of both, with a few exceptions. [11] Thus the Oregon Supreme Court can hear appeals for cases based on both federal and state ...
Measure 11, also known as "One Strike You're Out", [2] was a citizens' initiative passed in 1994 in the U.S. State of Oregon.This statutory enactment established mandatory minimum sentencing for several crimes.
In State v. Robertson, [9] the Oregon Supreme Court has cited this right against parts of Oregon's disorderly conduct statute, against content-based restrictions on billboards and murals, and against laws restricting the sale of pornography. [N 3] Later in 1987, the court cited this provision when it abolished the state's obscenity statute in ...