Oregon Supreme Court

State v. Mott

April 6, 2023370 Or. 830

Summary

The court held that an appellate court has discretion to deny an appellant’s motion to dismiss, including an unopposed motion filed after the court has issued its decision. That discretion must be exercised case by case, considering case-specific, institutional, and systemic interests; a categorical presumption against post-decision dismissal and a requirement that the appellant establish compelling reasons were unjustified. Because no relevant factor supported denial here, the court reversed the denial and dismissed the appeal.