ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S060351
CA Number:
A144832
Case Title:
State of Oregon v. James Kenneth Watson
Date:
01/10/2013
Time:
09:30 AM
Location:
Supreme Court Courtroom
Attorneys:
Ernest G. Lannet on behalf of James Kenneth Watson
David Thompson on behalf of State of Oregon
Comments:
Statement of Issues:
State of Oregon v. James Kenneth Watson (S060351) (A144832) (appeal from Douglas County Circuit Court; affirmed without opinion at 249 Or App 179, 276 P3d 1126 (2012)).

Defendant James Kenneth Watson has been granted review of a Court of Appeals decision that affirmed without opinion his convictions for unlawful delivery of a controlled substance, unlawful possession of marijuana, unlawful delivery of cocaine, unlawful possession of cocaine, and criminal forfeiture.

On review, the issue is:

Does an officer, who intends to release a driver with a warning, impermissibly extend the lawful duration of a traffic stop (rather than create an "unavoidable lull" during the stop) by detaining the driver to wait for the results of a warrants and driving privileges check (a "records check"), requesting that he get out of his vehicle, and asking him to answer to rumors that he has been dealing marijuana?

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:


Last Revised: 09/17/2012