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State v. Howley

State v. Howley, 764 P.2d 233 (Or. Ct. App. 1988)
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Court
Court of Appeals of Oregon · State Appellate Courts
Decided
November 16, 1988
Docket
No. 87-NB-1155 CA A47416
Judges
Richardson, P.J., and Deits and Riggs
Citations
764 P.2d 23394 Or. App. 31988 Ore. App. LEXIS 2161

Opinion

764 P.2d 233 (1988) 94 Or.App. 3

STATE of Oregon, Respondent,

v.

Bruce Marvin HOWLEY, Appellant.

87-NB-1155; CA A47416.

Court of Appeals of Oregon.

Petition for Reconsideration September 21, 1988. Decided November 16, 1988.

*234 Gary D. Babcock, Public Defender, and Steven V. Humber, Salem, for appellant.

Before RICHARDSON, P.J., and DEITS and RIGGS, JJ.

On Appellant's Petition for Reconsideration September 21, 1988.

PER CURIAM.

Defendant's conviction for harassment was reversed by this court for lack of evidence to support the jury's verdict, and the cause remanded for a new trial. State v. Howley, 92 Or. App. 575 , 758 P.2d 893 (1988). On motion for reconsideration, defendant argues that a retrial in this case is prohibited by the former jeopardy provisions of ORS 131.515; Article I, section 12, of the Oregon Constitution; and the Fifth Amendment. The granting of a new trial after a judgment of acquittal for lack of evidence violates the principles of former jeopardy, whether the judgment of acquittal is rendered pursuant to a jury verdict or by the order of an appellate court. Or Const, Art I, § 12.

Motion for reconsideration allowed; former opinion modified; remanded with instructions to dismiss complaint.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

  • (granting “a new trial after a judgment of acquittal for lack of evidence violates the principles of former jeopardy, whether the judgment of acquittal is rendered pursuant to a jury verdict or by the order of an appellate court”)
1989: 11990: 12004: 119892026peak 1989 · 1

Relies on it most ⓘ

  1. State v. Saude769 P.2d 784 (Or. Ct. App. 1989)
  2. State v. Dixon83 P.3d 385 (Or. Ct. App. 2004)
  3. State v. Thomas791 P.2d 862 (Or. Ct. App. 1990)

Most recent

  1. State v. Dixon83 P.3d 385 (Or. Ct. App. 2004)
  2. State v. Thomas791 P.2d 862 (Or. Ct. App. 1990)
  3. State v. Saude769 P.2d 784 (Or. Ct. App. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Howley, 758 P.2d 893 (Or. Ct. App. 1988) 1

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