Opinion

State v. Caruso

  • 289 Or. 315
  • 613 P.2d 752
  • 1980 Ore. LEXIS 935
Court
Oregon Supreme Court
Filed
Jun 24, 1980
Status
Published
Author
Tongue
On the bench
Tongue, Tanzer
Cited by
21 cases
Authority
More cited than 5.0%

Questioned by State v. Vasquez-Hernandez, 159 Or. App. 64 (1999)

on appeal of order dismissing charge, court generally may not review correctness of other preceding or intermediate orders

How later courts described this case

  • on appeal of order dismissing charge, court generally may not review correctness of other preceding or intermediate orders
  • “[t]he trial court’s obligation to hold an omnibus hearing upon the request of a party is absolute”

Written by the judges who cited it.

Later courts went against this

  • Questioned by State v. Vasquez-Hernandez, 159 Or. App. 64 (1999)

    In holding that we could review the merits of the trial court’s decision, we distinguished Caruso on the ground that OEC 510(4)(b) treats disclosure and dismissal as a “unitary whole.
    Court of Appeals of OregonMar 17, 1999Read it

Distinguished

  • Distinguished by State v. Mueller, 96 Or. App. 185 (1989)

    289 Or 315, 613 P2d 752 (1980), is inapposite.
    Court of Appeals of OregonApr 26, 1989Read it

The opinion

TONGUE, J.,

Dissenting.

I respectfully dissent from the opinion by the majority because of my belief that this case was correctly decided by the Court of Appeals and that State v. Lewis, 39 Or App 151 , 591 P2d 414 (1979), as cited by the Court of Appeals in support of its opinion in this case, was also correctly decided and should not have been "disapproved” by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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