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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 Appellate Court--February 13, 2019

by: Rankin Johnson IV • February 15, 2019 • no comments

RIGHT TO PRESENCE AT TRIAL - Conduct constituting waiver SELF-INCRIMINATION - Equivocal invocation MENTAL STATES - knowledge required for possession of methamphetamine conviction

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Oregon Appellate Court--February 6, 2019

by: Rankin Johnson IV • February 12, 2019 • no comments

CHILD NEGLECT - Meaning of 'unattended.' EVIDENCE - Admissibility of child-sex-abuse diagnosis SENTENCING - Evidence of reasonableness of medical expenses SEARCH AND SEIZURE - Property which may be inventoried

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Oregon Appellate Court--January 30, 2019

by: Rankin Johnson IV • February 12, 2019 • no comments

SPEEDY TRIAL - Time excluded from calculation THEFT - Theft by receiving SENTENCING - Trial penalty

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Oregon Supreme Court - February 7, 2019

by: Rankin Johnson IV • February 7, 2019 • no comments

DUII — Refusal to submit to a breath test RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver

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Oregon Supreme Court - January 31, 2019

by: Rankin Johnson IV • February 2, 2019 • no comments

CONSTITUTIONAL LAW — Statutes reducing sentencing laws adopted by referendum RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver

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Oregon Appellate Court--January 24, 2019

by: Rankin Johnson IV • January 29, 2019 • no comments

SEARCH AND SEIZURE - Basis to extend stop

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Oregon Appellate Court--January 16, 2019

by: Rankin Johnson IV • January 22, 2019 • no comments

CRIMINAL MISTREATMENT - Duty to provide care STALKING ORDERS - Findings relating to firearm possession MIRANDA - Interrogation following warnings

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Oregon Appellate Court--January 9, 2019

by: Rankin Johnson IV • January 16, 2019 • no comments

SENTENCING - Marijuana use EVIDENCE - Other-bad-acts THEFT - Theft by selling FITNESS FOR TRIAL - Findings of fact

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Oregon Appellate Court--January 3, 2019

by: Rankin Johnson IV • January 8, 2019 • no comments

FINES, FEES, AND COSTS - Ability to pay APPEAL AND REVIEW - Proceedings on remand SEARCH AND SEIZURE - Officer safety

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Oregon Appellate Court--December 19, 2018

by: Rankin Johnson IV • December 20, 2018 • no comments

APPEAL AND REVIEW - Motions to correct the judgment POST-CONVICTION RELIEF - Natural-and-probable-consequences instruction SENTENCING - Merger

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Oregon Supreme Court - December 13, 2018

by: Rankin Johnson IV • December 20, 2018 • no comments

SEARCH AND SEIZURE — Property held by third parties RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver

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Oregon Appellate Court--December 5, 2018

by: Rankin Johnson IV • December 14, 2018 • no comments

SEARCH AND SEIZURE - Officer safety EVIDENCE - 403 Balancing POST-CONVICTION - Bases for relief EVIDENCE - Hearsay SENTENCING - Restitution EXPUNCTION - Expunction of juvenile records CIVIL COMMITMENT - Proof of dangerousness INTERFERING WITH A PEACE OFFICER - Interfering with the performance of peace officer's duties TRIAL PROCEDURE - Bench trials SEARCH AND SEIZURE - Basis to stop SENTENCING - Supervision conditions INTERFERING WITH A PEACE OFFICER - Passive resistance CONTEMPT - Judgment

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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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