|CALENDAR STATUS: Active|
|State of Oregon v. Kenneth Hebert Mills|
|Willamette University College of Law|
|Morgen E. Daniels on behalf of Kenneth Hebert Mills|
Ryan Kahn on behalf of State of Oregon
Statement of Issues:
|State of Oregon v. Kenneth Herbert Mills (S060485) (A145446) (appeal from Washington County Circuit Court; opinion reported at 248 Or App 648, 274 P3d 230 (2012)).|
The State of Oregon has been granted review of a Court of Appeals decision that reversed the conviction of defendant Kenneth Herbert Mills for driving while his license was revoked, on the basis that the state had not proven venue.
On review, the issues are:
(1) Does Article I, section 11, of the Oregon Constitution require the state to prove, as an element of a charged offense, that a charged offense occurred in a particular county?
(2) If the state must prove venue, may an appellate court consider a trial court's expressly stated knowledge about facts related to venue in determining the sufficiency of evidence on venue?
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: