(DOWNLOAD) "State v. Jessup" by In the Court of Appeals of the State of Oregon * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Jessup
- Author : In the Court of Appeals of the State of Oregon
- Release Date : January 29, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Jessup, 202 Or App 227, 120 P3d 1257 (2005) (Jessup I), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adhd to as modified on recons, 344 Or 195, 179 P3d 673 (2008), and State v. Fults, 343 Or 515, 173 P3d 822 (2007). State v. Jessup, 345 Or 315, 195 P3d 63 (2008). Defendant has filed a motion to allow her appeal to proceed, arguing that her case is not moot--despite her acknowledgment that she completed her sentence that is the subject of this appeal on November 10, 2008--because she intends to file a civil suit challenging the constitutionality of her confinement. Defendant argues that, because recovery in her civil suit would be predicated on a finding that her confinement was illegal, a determination by this court that the trial court erred when it imposed a departure sentence on the basis of judicial findings of fact will have a "practical effect" on the subsequent litigation defendant anticipates, thus preventing the case from becoming moot.
 "State v. Jessup" by In the Court of Appeals of the State of Oregon * eBook PDF Kindle ePub Free){kind=link}