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State v. Curl

670 P.2d 1058, 65 Or. App. 227, 1983 Ore. App. LEXIS 3861
CourtCourt of Appeals of Oregon
DecidedOctober 19, 1983
Docket3829 M; CA A28638
StatusPublished
Cited by2 cases

This text of 670 P.2d 1058 (State v. Curl) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Curl, 670 P.2d 1058, 65 Or. App. 227, 1983 Ore. App. LEXIS 3861 (Or. Ct. App. 1983).

Opinion

PER CURIAM

The trial court’s conclusions in this driving under the influence of intoxicants case that (1) a prosecutor’s mistake was “gross” negligence and (2) that mistake, which led to a mistrial, required dismissal of this case on prior jeopardy grounds are in error. The district attorney’s error was simple negligence, at most. Even if it were gross negligence, however, that would not create a prior jeopardy problem. See State v. Kennedy, 295 Or 260, 616 P2d 1316 (1983).

Reversed and remanded for trial.

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Related

State v. Mays
346 P.3d 535 (Court of Appeals of Oregon, 2015)
State v. Kimsey
47 P.3d 916 (Court of Appeals of Oregon, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
670 P.2d 1058, 65 Or. App. 227, 1983 Ore. App. LEXIS 3861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-curl-orctapp-1983.