City of Portland v. Bitans

1 Citing case

  1. State v. Kadderly

    176 Or. App. 396 (Or. Ct. App. 2001)   Cited 1 times
    Reviewing state trial court's denial of a motion to dismiss a criminal indictment for selective and vindictive prosecution

    One such "unjustifiable standard" is the prosecution of a particular defendant for having exercised a constitutional right. United States v. Oaks, 527 F.2d 937, 940 (9th Cir 1975), cert denied 426 U.S. 952 (1976) ; City of Portland v. Bitans, 100 Or. App. 297, 302, 786 P.2d 222 (1990). Thus, in general, "little substantive difference can be detected between selective prosecution and vindictive prosecution."