Benjamin v. O'Donnell

Summary

The court held that Oregon's 60-day limit on pretrial custody applies separately when a defendant is held pending a retrial, because the statutory text, context, and legislative history address custody before an upcoming trial without limiting the protection to an initial trial. Although the trial court erred in concluding otherwise, the court denied habeas relief because the defendant had pleaded no contest, received a sentence equal to time served, and was no longer in custody.