|CALENDAR STATUS: Active|
|State of Oregon v. Tiffany Lee Savastano|
|Mary H. Williams on behalf of State of Oregon|
Ernest G. Lannet on behalf of Tiffany Lee Savastano
Statement of Issues:
|State of Oregon v. Tiffany Lee Savastano (S059973) (A141053) (appeal from Washington County Circuit Court; opinion reported at 243 Or App 584, 260 P3d 529, adh'd to on recons, 246 Or App 566, 266 P3d 176 (2011)).|
The State of Oregon seeks review of a Court of Appeals decision reversing and remanding a trial court decision that had denied the motion of defendant Tiffany Lee Savastano to dismiss the indictment against her, or in the alternative, to aggregate the theft charges against her under ORS 164.115(5).
On review, the issues are:
(1) Does Article I, section 20, of the Oregon Constitution apply to prosecutors' charging decisions such as whether to charge a crime, what crime to charge, and how to structure a charge?
(2) If Article I, section 20, of the Oregon Constitution applies to charging decisions, may a defendant carry her burden of proving unequal treatment by establishing that the district attorney's office did not adhere to a "coherent, systematic" policy that governed the matter?
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: