STATE v. SPADA

CA 9090; SC 25763.

594 P.2d 815 (1979)

286 Or. 305

STATE of Oregon, Respondent, v. George J. SPADA, Petitioner.

Supreme Court of Oregon, In Banc.

Decided May 8, 1979.


Attorney(s) appearing for the Case

Susan Elizabeth Reese, Portland, argued the cause and filed a brief for petitioner.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.


HOWELL, Justice.

Defendant was charged with violation of the basic rule for travelling 56 miles per hour in a 30-mile per hour zone. The officer who issued the citation noted thereon that defendant's speed had been determined by radar. Prior to trial, defendant filed a motion for discovery requesting, inter alia, disclosure of the repair and maintenance records for the radar device used to determine his speed. The prosecution refused to produce the records...

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