State v. Holloway

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 10-26-2016
  • Case #: A157613
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & DeHoog, J.

Under ORS 166.720(6), when indicting a defendant on racketeering charges, the State must plead the "acts constituting each incident of racketeering activity."

Defendant appealed a judgment of conviction for one count of racketeering. Defendant assigned error to the trial court's denial of his demurrer to the indictment and motion in arrest of judgment. Defendant argued that racketeering indictments were subject to the heightened pleading requirement under ORS 166.720(6). Defendant's co-defendant made the same argument in State v. Stout, 281 Or App 263 (2016), and the Court reversed and remanded because the State failed to satisfy the heightened pleading requirement to allege "the acts constituting each incident of racketeering activity." Reversed and remanded.

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