Oregon Supreme Court

Benjamin v. O'Donnell

October 3, 2024372 Or. 764

Summary

The Oregon Supreme Court held that ORS 136.290’s 60‑day pre‑trial custody limit applies to defendants held pending a retrial. Because the defendant was no longer in custody after entering a no‑contest plea, the Court denied his petition for a writ of habeas corpus. The decision also affirmed the Court’s discretion to address the statutory question despite mootness.