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Go here to see a list of:
2018 Case Summaries by Topic
2017 Case Summaries by Topic
2016 Case Summaries by Topic
2015 Case Summaries by Topic


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Oregon Supreme Court - December 6, 2018

by: Rankin Johnson IV • December 11, 2018 • no comments

SELF-INCRIMINATION — Voluntariness DOUBLE JEOPARDY — Inchoate and completed crimes SEARCH AND SEIZURE — Traffic stops TRIAL PROCEDURE — Joinder SELF-INCRIMINATION — Voluntariness

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Oregon Appellate Court--November 28, 2018

by: Rankin Johnson IV • December 1, 2018 • no comments

APPEALS - Plain error APPEALS - Law of the case SENTENCING - Financial obligations SELF-INCRIMINATION - Invocation of right to remain silent SENTENCING - Permissible sentencing conditions SENTENCING - Merger

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Oregon Appellate Court--November 21, 2018

by: Rankin Johnson IV • November 26, 2018 • no comments

APPEALS - Preservation ROBBERY - Delay between theft and threat of force MIRANDA - Right to counsel on related charges SENTENCING - Revocation sentences EVIDENCE - Other-bad-acts SENTENCING - Sentence-reduction programs SENTENCING - Revocation sentences

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Oregon Appellate Court--November 15, 2018

by: Rankin Johnson IV • November 18, 2018 • no comments

SEARCH AND SEIZURE - Police conduct constituting a stop TRESPASSING - Adequacy of exclusion notice APPEAL AND REVIEW - Harmlessness

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Oregon Supreme Court - November 8, 2018

by: Rankin Johnson IV • November 12, 2018 • no comments

EVIDENCE — State-of-mind hearsay exception

Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court reversed, Court of Appeals affirmed, remanded for new trial.

Defendant was accused of robbing the victim and then killing him. Defendant argued that the victim had robbed defendant and defendant killed him in self-defense. Defendant sought to offer evidence of e-mails the victim had sent about his financial difficulties. The trial court excluded some of the e-mails as hearsay. Because the e-mails tended to prove the victim’s state of mind, they were admissible as nonhearsay notwithstanding that they also referred to historical facts.

State v. Bement 363 Or 760 (November 8, 2018) (Nelson) (Washington County, Knapp)

Oregon Appellate Court--November 7, 2018

by: Rankin Johnson IV • November 8, 2018 • no comments

CONTROLLED SUBSTANCES - Sufficiency of the evidence BURGLARY - Sufficiency of the evidence DOUBLE JEOPARDY - Judicial actions constituting acquittal POST-CONVICTION RELIEF - Actual innocence POST-CONVICTION RELIEF - Prejudice TRIAL PROCEDURE - Voir dire CONTEMPT - Sufficiency of the evidence ASSAULT - Injury SENTENCING - Special probation conditions

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Oregon Appellate Court--October 31, 2018

by: Rankin Johnson IV • October 31, 2018 • no comments

SEARCH AND SEIZURE - Officer safety PROBATION - Medical-marijuana prohibition SENTENCING - Sentences in excess of M11 minima SEARCH AND SEIZURE - Failure to carry/present license EVIDENCE - Experts SEARCH AND SEIZURE - Officer safety APPEAL AND REVIEW - Preservation

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Oregon Appellate Court--October 24, 2018

by: Rankin Johnson IV • October 24, 2018 • no comments

SEARCH AND SEIZURE - Conduct constituting a stop DUII - Statutory counterparts

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Oregon Appellate Court--October 17, 2018

by: Rankin Johnson IV • October 17, 2018 • no comments

INTERFERING WITH A PEACE OFFICER - Lawful order SENTENCING - Mandatory minima APPEALS -Harmlessness PROBATION - Condition requiring abidance by direction of probation officer POST-CONVICTION RELIEF - Immigration advice PAROLE - Findings

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Oregon Supreme Court - October 4, 2018

by: Rankin Johnson IV • October 12, 2018 • no comments

POST-CONVICTION RELIEF - Ineffective assistance of counsel SEARCH AND SEIZURE - Officer safety

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Oregon Appellate Court--September 19, 2018

by: Rankin Johnson IV • September 28, 2018 • no comments

ASSAULT IN THE FIRST DEGREE - Intent to cause injury STALKING/VRO/FAPA - Acts constituting abuse

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Oregon Supreme Court - September 20, 2018

by: Rankin Johnson IV • September 25, 2018 • no comments

SENTENCING - Separate criminal episodes

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Oregon Appellate Court--September 6, 2018

by: Rankin Johnson IV • September 19, 2018 • no comments

SENTENCING - Disproportionate sentences RESISTING ARREST FAILURE TO REGISTER AS A SEX OFFENDER - Time to register CRIMINAL MISTREATMENT - Dependent persons PUBLIC RECORDS REQUESTS - Records relating to child abuse SEARCH AND SEIZURE - Conduct constituting stop SENTENCING - Special probation conditions SEARCH AND SEIZURE - Emergency aid exception

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Oregon Appellate Court--August 29, 2018

by: Rankin Johnson IV • September 17, 2018 • no comments

TRIAL PROCEDURE - Joinder EVIDENCE - 403 balancing PCR - Ineffective assistance of counsel TRIAL PROCEDURE - Mistrials SENTENCING - DNA samples TRIAL PROCEDURE - Statutes of limitations

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Oregon Appellate Court--August 22, 2018

by: Rankin Johnson IV • September 10, 2018 • no comments

SENTENCING - Separate criminal episodes EVIDENCE - Expert and opinion testimony EVIDENCE - Relevance RIGHT TO COUNSEL - Self-representation

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Oregon Appellate Court--August 15, 2018

by: Rankin Johnson IV • August 31, 2018 • no comments

SENTENCING - Probation violations PREEMPTION - Minor in possession JURY INSTRUCTIONS - Physical Injury RIGHT TO COUNSEL - Waiver APPEALS - Preservation of error CIVIL COMMITMENT - Sufficiency of evidence APPEALS - Review of civil commitment order APPEALS - Review of Second Look proceedings SENTENCING - Merger

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Oregon Supreme Court - August 9, 2018

by: Rankin Johnson IV • August 23, 2018 • no comments

SEARCH AND SEIZURE - Traffic stops POST-CONVICTION-Church hearings

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Oregon Supreme Court - August 16, 2018

by: Rankin Johnson IV • August 23, 2018 • no comments

TRIAL PROCEEDINGS - Motions for change of judge

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Oregon Appellate Court--August 8, 2018

by: Rankin Johnson IV • August 13, 2018 • no comments

APPEALS - Motions for summary affirmance BURGLARY - Relationship between mens rea and actus reus SEARCH AND SEIZURE - Conduct constituting a stop

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Oregon Appellate Court--August 1, 2018

by: Rankin Johnson IV • August 13, 2018 • no comments

JUVENILE DELINQUENCY-Delinquency petition following probation violation EVIDENCE - Impeachable convictions SENTENCING - Consecutive sentences JOINDER OF OFFENSES - Failure to allege basis for joinder SENTENCING - Measure 11 escape clause PAROLE AND POST-PRISON SUPERVISION - Prohibiting family contact on supervision

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