Grounds for motion to set aside the indictment
Source:
Section 135.510 — Grounds for motion to set aside the indictment, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html
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Notes of Decisions
This section does not bar motion to quash indictment based on ground that grand jury was selected in violation of Article VII (Am), section 5 of Oregon Constitution. State v. Gortmaker, 60 Or App 723, 655 P2d 575 (1982), aff’d 295 Or 505, 668 P2d 354 (1983)
If indictment cannot be attacked on ground grand jury heard insufficient evidence or wrong type of evidence, it cannot be set aside because grand jury heard evidence that might not be admissible at trial. State v. Dike, 91 Or App 542, 756 P2d 657 (1988), Sup Ct review denied
This section sets out exclusive statutory grounds for setting aside indictment and, because those grounds do not include use of hearsay evidence, trial court was not required to set aside indictment on that ground. State v. Stout, 305 Or 34, 749 P2d 1174 (1988)
Where trial court refused to suppress bank records of defendant obtained by grand jury subpoena based on insufficient affidavit and records were properly resubpoenaed before trial, invalid subpoena is not ground to set aside indictment listed in this statute. State v. O’Brien, 96 Or App 498, 774 P2d 1109 (1989), Sup Ct review denied