State v. Mullins, 352 Or 343 (2012)

Holding:     When Defendant has hired a separate attorney to handle his appeal, but, the original trial attorney has not withdrawn and still appears at post-judgment proceedings, notice to original attorney that a supplemental judgment has been entered begins the 30-day clock on the right to appeal the supplemental judgment.

1)    “(W)hen construing statutes, court first considers statutory text and context, and, to extent useful to court’s analysis, legislative history.” explaining State v. Gaines. at p. 349.

2)     Prior case law interpreting the statute is part of a statute’s context. at p. 349.

3)     When key verb in a statute is passive, no particular actor is designated. at p. 349.

4)    The actual words of the statute are the most persuasive evidence of legislative intent. at p. 362.

Filed under: uncategorized

Like this post? Subscribe to my RSS feed and get loads more!