Home > Uncategorized > Case Law Review: Establishing Venue

Case Law Review: Establishing Venue

The Court of Appeals recently upheld the denial of D’s MJOA because the State had failed to precisely establish Jackson County as the venue in a DUII prosecution. In State vs. Stephanie Faye Davis, (CTA, February 23, 2012), the Court explained that in the instant case the State had established that the offense took place in Medford, Oregon with specific references to street names and other references. In such a case, a jury was not required to “stack inferences” to establish venue. This type of evidence is the difference between speculation of venue (not permissible)  versus being able make inferences from circumstantial evidence (permissible).

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