STATE v. DIKE

C 87-02-30667; CA A44109.

756 P.2d 657 (1988)

91 Or.App. 542

STATE of Oregon, Appellant, v. Gerald DIKE, Respondent.

Court of Appeals of Oregon.

Decided June 22, 1988.

Reconsideration Denied August 12, 1988.


Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Marc D. Blackman, Portland, argued the cause for respondent. With him on the brief was Ransom, Blackman & Simson, Portland.

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.


JOSEPH, Chief Judge.

The state appeals an order dismissing an indictment for preindictment delay. We reverse.

Both parties rely on Article I, section 10, of the Oregon Constitution, and the Fifth, Sixth and Fourteenth Amendments. Section 10 has not been interpreted to protect against preindictment delay. The phrase "justice shall be administered * * * without delay" is directed to unreasonable delay after a charge has been formally made. State v. Serrel...

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