STATE v. RUSSUM

100431632; A147589.

333 P.3d 1191 (2014)

265 Or. App. 103

STATE of Oregon, Plaintiff-Respondent, v. Michael James RUSSUM, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 20, 2014.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Marc D. Brown , Deputy Public Defender, Office of Public Defense Services, filed the opening brief, supplemental brief, and reply brief for appellant. Michael James Russum filed the supplemental brief pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rolf C. Moan , Assistant Attorney General, filed the briefs for respondent.

Before DUNCAN, Presiding Judge, and DeVORE, Judge, and SCHUMAN, Senior Judge.


DEVORE, J.

In this case we consider whether defendant can be prosecuted after a jail official and a detective have opened mail to or from his attorney. Defendant appeals a judgment of conviction on four counts of first-degree sodomy, ORS 163.405, assigning error to the denial of his motion to dismiss the indictment with prejudice. Defendant moved to dismiss after learning that a detective had inadvertently read part of a letter that defendant had sent to his attorney...

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