Oregon v. McColly

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Defendant Dawn McColly failed to appear for a scheduled trial call, but, before that date, she had not been released following arrest, detention, or confinement. Instead, as part of a voluntary arraignment appearance, the trial court had ordered that she be conditionally released and also officially fingerprinted and photographed pursuant to a “book-and-release” process; defendant also had signed a release agreement stating that she had “been released” and agreed to personally appear at future court appearances. In response to a motion for judgment of acquittal at defendant’s trial on the failure-to-appear charge, the court concluded that the previously ordered book-and-release process satisfied the statutory “custody” requirement. A jury convicted defendant, and the Court of Appeals affirmed. The Oregon Supreme Court concluded the statutes required the state to prove that, prior to defendant’s failure to appear: (1) a peace officer had imposed actual or constructive restraint, pursuant to an arrest or court order, amounting to “custody”; and, then, (2) the trial court had released her from that custody, under a release agreement and upon an appearance condition. The state’s evidence did not satisfy those requirements, and the Court therefore reversed defendant’s judgment of conviction. View "Oregon v. McColly" on Justia Law