Statute of Limitations

Recent Caselaw

State v Grierson, ____Or. App. ____ (Aug, 31, 2011) (A prosecution is not commenced, for the purpose of the statute of limitations, either when the DA indicts the case or when the DA sends the defendant a certified letter informing her of the prosecution and her arraignment date.  An indictment is plainly insufficient under the statute and a letter is not legal process, as required by the statute.  The court specifically rejects the state’s argument that because defendant had notice of the arraignment via the letter, she was able to gather evidence and start her defense, which is the point of the statute of limitations.  The problem with the state’s argument is that “the text of ORS 131.135 is patently inconsistent with that view.”  Legal process, not notice, is required.)