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STATE v. McDOWELL

(CC C120639CR; SC S060295).

279 P.3d 198 (2012)

352 Or. 27

STATE of Oregon, Plaintiff-Adverse Party, v. Dylan Charles McDOWELL, Defendant-Relator.

Supreme Court of Oregon, En Banc.

Decided May 24, 2012.

Attorney(s) appearing for the Case

Eric M. Buchér , Buchér and Greenspan P.C., Portland, argued the cause and filed the petition for defendant-relator.

Jennifer S. Lloyd , Assistant Attorney General, Salem, argued the cause and filed the memorandum in opposition for the plaintiff-adverse party. With her on the memorandum were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

LANDAU, J.

Relator, defendant Dylan Charles McDowell, petitioned for a peremptory or alternative writ of mandamus compelling his release pending trial. He contends that he is 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 relator, he was indicted, arrested, and then held more than 60 days...

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