[DOWNLOAD] "State v. Bellar" by Eastern Section, At Knoxville Court of Appeals of Tennessee # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Bellar
- Author : Eastern Section, At Knoxville Court of Appeals of Tennessee
- Release Date : January 30, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The appeal in this criminal case charging defendant with 40 counts of encouraging child sexual abuse in the second degree, ORS 163.686, was initiated by the state after the trial court allowed in part and denied in part defendants motion to suppress evidence. Defendant cross-appeals pursuant to ORS 138.040 from the part of the order denying the motion to suppress. Subsequently, the state dismissed its appeal. The threshold issue before us is whether, under ORS 138.040, we may exercise our discretion to consider defendants cross-appeal after the state has dismissed its appeal. We conclude that, under the holding in State v. Shaw, 338 Or 586, 113 P3d 898 (2005), we are required to dismiss defendants cross-appeal.
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