Oregon Supreme Court

State v. Keys

June 10, 2021368 Or. 171

Summary

The court held that an invalid waiver of a preliminary hearing does not deprive a circuit court of subject matter jurisdiction. Because the defendant had not preserved his challenge, he could obtain appellate review only through an exception to the preservation rule, including discretionary plain-error review. The court reversed and remanded so the Court of Appeals could decide whether to exercise that discretion.