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STATE v. WHITLOW

CR090320; A149541.

326 P.3d 607 (2014)

262 Or. App. 329

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Ivan Cliff WHITLOW, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided April 23, 2014.

Attorney(s) appearing for the Case

David B. Thompson , Senior Assistant Attorney General, argued the cause for appellant-cross-respondent. With him on the briefs were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Frank E. Stoller argued the cause and filed the brief for respondent-cross-appellant.

Before WOLLHEIM, Presiding Judge, and HASELTON, Chief Judge, and SCHUMAN, Senior Judge.

HASELTON, C.J.

Defendant was charged with multiple counts of sexual abuse. ORS 163.427. After a first trial resulted in a mistrial, the state reprosecuted and defendant moved to dismiss based on (1) preindictment delay, invoking the Fifth and Fourteenth Amendments to the United States Constitution, and (2) lack of speedy trial, invoking former ORS 135.747 (2011), repealed by Or. Laws 2013, ch. 431, § 1, Article I, section 10, of the Oregon Constitution...

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