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


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Oregon Appellate Ct - May 24, 2017

by: Sara Werboff • May 26, 2017 • no comments

  • Telephonic Harassment Requires Proof that Caller Caused Phone to Make Audible Sound
  • Sentencing – Trial Court Plainly Erred in Imposing Two 60-Month Firearm Minimums but Defendant was Not Prejudiced by Error
  • Evidence – Defendant’s Prior Convictions Were Inadmissible
  • Juvenile Dependency – Permanency Judgment Supported by Sufficient Evidence
  • Restitution – Wildlife Valuation Statute Did Not Establish Economic Damages
  • Per Curiam – Reversing Attorney Fees
  • Per Curiam - Juvenile Dependency – Remanding for Entry of Judgment on Other Jurisdictional Grounds
→ read the full summaries...

Oregon Appellate Ct - May 17, 2017

by: Sara Werboff • May 22, 2017 • no comments

  • Kidnapping – Trial Court Did Not Plainly Err in Entering Conviction for Kidnapping
  • Sentencing – Trial Court Erred in Failing to Merge Guilty Verdicts and Remand for Resentencing is Required
  • Post-Conviction Relief – PCR Court Applied Incorrect Brady Standard and Remand Required
  • Post-Conviction Relief – PCR Court Did Not Err in Dismissing Successive Petition
  • Evidence – Interpreter’s Translation of Defendant’s Confession was Inadmissible Hearsay
  • Post-Conviction Relief – Counsel Ineffective for Failing to Object to Trial Court’s Improper Comments
  • Restraining Orders – Sufficient Evidence in Record to Support FAPA Order
  • Stalking Protective Orders – Insufficient Evidence to Support SPO
→ read the full summaries...

Oregon Appellate Ct - May 10, 2017

by: Sara Werboff • May 12, 2017 • no comments

  • Miranda Warnings Were Not Required During Traffic Stop and DUII Investigation
  • Defendant Could Not Invoke Right to Counsel in Non-Compelling Circumstances
  • Defendant Entitled to Acquittal on Manufacture of a Destructive Device
  • Termination of Parental Rights – Juvenile Court Erred in Excluding Evidence but Termination was Proper
  • Computer Crime – Providing False Info to Banks Not Sufficient Proof of “Use” of a Computer
  • Post-Conviction Relief – PCR Court Did Not Err in Denying Petitioner’s Claim
  • Juvenile Dependency – Judgments Not Appealable Because of Lack of Adverse Affect
  • Juvenile Dependency – Juvenile Court Did Not Err in Changing Permanency Plan
  • Post-Conviction Relief – Petitioner Attached Sufficient Support of PCR Claim
  • Per Curiam - Stalking – State Concedes Communications Were Not Contacts
  • Per Curiam - Juvenile Dependency – Jurisdictional Judgment Affirmed but Two Grounds Reversed
  • Per Curiam – Claim of Error is Unreviewable
→ read the full summaries...

Oregon Supreme Ct - May 4, 2017

by: Sara Werboff • May 8, 2017 • no comments

  • Confrontation - "Implied Consent Combined Report" Not Barred by Federal Confrontation Clause in DWS Trial
→ read the full summaries...

Oregon Appellate Ct - May 3, 2017

by: Sara Werboff • May 8, 2017 • no comments

  • Defendant Entitled to Acquittal For Failure to Perform Duties of Driver When Unaware of Accident Until Later
  • Attorney Fees – Plain Error to Impose Attorney Fees – Defendant Did Not Invite the Error
  • Search and Seizure – Police Did Not Unlawfully Trespass on Defendant’s Private Drive
  • Miranda Warnings – Warnings Were Not Rendered Inadequate by Officer’s Subsequent Statements and Defendant Knowingly and Voluntarily Waived Rights
  • Search and Seizure –Emergency Aid Exception Did Not Justify Warrantless Search of Defendant’s Home
  • Per Curiam – Trial Court Erred in Imposing Restitution When Not Part of Plea Agreement
  • Per Curiam – Trial Court Erred in Denying Plaintiff’s Fee Waiver Request
  • Per Curiam – Civil Commitment – Trial Court Did Not Have Authority to Commit when Prior Commitment Order Still in Place
  • Per Curiam – Trial Court Plainly Erred in Imposing Attorney Fees
  • Per Curiam – Search Warrant Did Not Establish Nexus Between Illegal Activity and Defendant’s Trailer
  • Per Curiam – Court Cannot Review Defendant’s Claim Due to Lack of Trial Court Ruling
→ read the full summaries...

Oregon Supreme Ct - April 27, 2017

by: Sara Werboff • April 30, 2017 • no comments

  • Uncharged Misconduct Evidence - OEC 404(3) and 404(4) Require Traditional OEC 403 Balancing - Remand to the Trial Court is the Proper Remedy
  • Right to Self-Representation - Trial Court Erred as a Matter of Law in Concluding that Defendant Had No Right to Self-Representation Mid-Trial
→ read the full summaries...

Oregon Appellate Ct - April 26, 2017

by: Sara Werboff • April 28, 2017 • no comments

  • Trial Court Did Not Err in Amending Judgment Without Resentencing Defendant
  • Civil Commitment – Insufficient Evidence that Appellant was a Danger to Himself
  • Post-Conviction Relief – Petitioner Failed to Prove that Counsel’s Response to Vouching Testimony was Inadequate
  • Post-Conviction Relief – Petitioner is Presumed to Know Immigration Law and Petition Did Not Fall into Escape Clause
  • Failure to Appear Requires Proof that Defendant Knew of Court Date at Time He Failed to Appear
  • Fines and Fees – Trial Court Did Not Err in Imposing Unitary Assessment and Criminal Fine but Did Err in Imposing County Assessments
  • Juvenile Dependency – Trial Court Did Not Err in Changing Permanency Plan
  • Attempt – Sufficient Proof of Substantial Step
  • Traffic Violation – Violation for Pedestrian “Improperly Proceeding Along a Highway” Does Not Include Pedestrians Who Are Crossing
  • Confessions – Defendant’s Confession was Inadmissible Because it was Induced by Promises and Threats
  • Conviction for Improper Use of Emergency Communication System Requires Proof that Caller Knew He Was Calling for Prohibited Purpose
  • Per Curiam – State Concedes Unlawful Search and Inventory
→ read the full summaries...

Oregon Supreme Ct - April 20, 2017

by: Sara Werboff • April 21, 2017 • no comments

  • Interference with a Peace Officer – “Passive Resistance” is Noncooperation with an Officer that Does Not Involve Violence or Other Active Conduct
→ read the full summaries...

Oregon Appellate Ct - April 19, 2017

by: Sara Werboff • April 21, 2017 • no comments

  • Search and Seizure – Defendant was Not Seized Under Oregon Law and Police Had Reasonable Suspicion Justifying Seizure Under Federal Law
  • Search and Seizure – Defendant Did Not Have a Privacy Interest in a BAC Test Conducted for Medical Treatment
  • Post-Conviction Relief – Relief Warranted When Trial Counsel Failed to Call Exculpatory Witness
  • Second-Degree Escape - Insufficient Proof of Escape When Defendant in Custody on Probation Violation - Courtroom was Correctional Facility for Purposes of Escape
  • Search and Seizure – Inventory of Defendant’s Bag was Lawful – Plain Error Imposing Attorney Fees
  • Per Curiam – PCR Court Did Not Err in Dismissing Petition Under ORCP 21 A(3)
  • Per Curiam – PCR Court Not Required to Respond to Petitioner’s Pro Se Claims
→ read the full summaries...

Oregon Appellate Ct - April 12, 2017

by: Sara Werboff • April 14, 2017 • no comments

  • Defendant Was Not Entitled to Grand Jury Notes – Court Will Not Exercise Discretion to Correct Sentencing Error
  • Post-Conviction Relief – Petitioner Failed to Meet Burden to Show Evidence Would Be Admissible
  • Post-Conviction Relief – Successive Petition is Procedurally Barred
  • Evidence – Prior Acts Admissible to Prove Hostile Motive
  • Restitution – No Good Cause for Delaying Restitution Hearing 203 Days After Judgment
  • Evidence – Any Error in Admitting Curative Testimony was Harmless
  • Post-Conviction Relief – Remand Required on Shackling Claim – Petitioner Not Entitled to Subpoena Victim
  • Search and Seizure – Extension of Stop Justified by Reasonable Suspicion of DUII
→ read the full summaries...

Oregon Appellate Ct - April 5, 2017

by: Sara Werboff • April 7, 2017 • no comments

  • No Reversible Error in Excluding Evidence of Defendant’s Character – Error in Applying Departure Factors
  • Restitution – Remand Required to Apply Ramos
  • Per Curiam – Reversal Required when No Signed Jury Waiver
  • Per Curiam – Reversing Attorney Fee Award
  • Per Curiam – Trial Court Plainly Erred in Failing to Merge Guilty Verdicts
  • Per Curiam – Reversing Sentence that Exceeded the Statutory Maximum
  • Per Curiam – Reversing “Mandatory State Amt”
  • Per Curiam – Reversing “Mandatory State Amt”
  • Per Curiam – Juvenile Dependency – Termination of Parental Rights was Proper
  • Per Curiam – Trial Court Erred in Failing to Conduct OEC 403 Balancing Required
→ read the full summaries...

Oregon Supreme Ct - March 30, 2017

by: Sara Werboff • March 31, 2017 • no comments

  • Eyewitness ID - Defendant Entitled to Remand for Lawson/James Hearing
→ read the full summaries...

Oregon Appellate Ct - March 29, 2017

by: Sara Werboff • March 31, 2017 • no comments

  • Search and Seizure - Police Lacked Reasonable Suspicion to Extend Traffic Stop
  • Challenges to Uncharged Sexual Abuse Unpreserved and Restitution Award Supported by the Record
  • DNA Testing - Defendant Did Not Make a Prima Facie Showing of Actual Innocence
  • Juvenile Dependency - No Error in Maintaining Permanency Plan of Reunification
  • Per Curiam - OEC 403 Balancing Challenge is Unpreserved
→ read the full summaries...

Oregon Appellate Ct - March 22, 2017

by: Sara Werboff • March 24, 2017 • no comments

  • Post-Conviction Relief - No Appeal from Dismissal as Meritless Petition
  • Search and Seizure - Police Lacked Reasonable Suspicion - Record Not Sufficient to Address State's Alternative Basis
  • Fines and Fees - Trial Court Improperly Imposed Compensatory Fine
  • Juvenile Dependency - Affirming Jurisdiction over Child Due to Domestic Violence in the Home
  • Search and Seizure - Search Warrant Affidavit Established Probable Cause for Search of RV
  • Per Curiam - Search and Seizure - Search Under Automobile Exception Justified
  • Per Curiam - Court Erred in Imposing Fine on Merged Count
  • Per Curiam - Civil Commitment Court Plainly Erred in Failing to Advise of Right to Subpoena
→ read the full summaries...

Oregon Appellate Ct - March 15, 2017

by: Sara Werboff • March 17, 2017 • no comments

  • Indictments - Any Error in Amending Indictment was Harmless
  • FAPA Orders - Insufficient Evidence that Respondent Threatened Harm to Petitioner
  • Post-Conviction Relief - Appellate Counsel was Not Ineffective for Failing to Raise Claim
  • Civil Commitment - Evidence Sufficient to Find that Appellant Continued to Be a Danger to Herself
  • Post-Conviction Relief - Trial Counsel Not Ineffective for Failing to Argue for Application of Shift-to-I Rule
  • Sentencing - Trial Court Erred in Imposing Consecutive Sentences for Robbery and UUV
→ read the full summaries...

Oregon Supreme Ct - March 9, 2017

by: Sara Werboff • March 10, 2017 • no comments

  • Search and Seizure - Automobile Exception Justified Search
  • Mandamus - Court Orders Murder Indictment Dismissed With Prejudice on Former Jeopardy Grounds
→ read the full summaries...

Oregon Appellate Ct - March 8, 2017

by: Sara Werboff • March 10, 2017 • no comments

  • Evidence - Victim's Statements Were Admissible as Evidence of His State of Mind
  • Expert Testimony - Trial Court Did Not Err In Limiting Expert's Testimony
  • Juvenile Dependency - DHS Made Reasonable Efforts to Ameliorate Mother's Mental Health Issues
  • Parole - Rejecting Petitioner's Challenges to Denial of Parole
  • Search and Seizure - Officer's Pat-Down of Defendant Not Justified on Officer Safety Grounds
→ read the full summaries...

Oregon Supreme Ct - March 2, 2017

by: Sara Werboff • March 5, 2017 • no comments

  • Search & Seizure - Police Must Have Suspicion of Specific Crime or Type of Crime
  • Interrogation - Defendant Unequivocally Invoked Right Against Compelled Self-Incrimination
→ read the full summaries...

Oregon Appellate Ct - March 1, 2017

by: Sara Werboff • March 4, 2017 • no comments

  • Post-Conviction Relief - Petitioner Did Not Create an Issue of Fact with Respect to Prejudice
  • Civil Commitment - Evidence was Sufficient to Support Finding that Appellant was a Danger to Others
  • Post-Conviction Relief - State Committed Brady Violation with Respect to Two Witnesses
  • Search and Seizure - Defendant Did Not Consent to a Search of His Residence
  • Sufficiency of Evidence - Reconsideration - Acknowledging Factual Mistake but Adhering to Original Opinion
  • Sentencing - Trial Court has Authority Under ORS 137.750 to Find Defendant Ineligible for a Reduction in Sentence
  • Juvenile Dependency - Record Legally Sufficient to Support Juvenile Court Jurisdiction
  • Post-Conviction Relief - PCR Court Erred in Granting Summary Judgment for State
  • Per Curiam - Sex Abuse Guilty Verdicts Merged
  • Per Curiam - Insufficient Evidence of Witness Tampering
  • Per Curiam - Sex Abuse Guilty Verdicts Merged
→ read the full summaries...

Oregon Appellate Ct - Feb 23, 2017

by: Sara Werboff • February 27, 2017 • no comments

  • Post-Conviction Relief - Reversing Grant of Post-Conviction Relief Because Trial Counsel Made Reasonable Strategic Choices
  • Post-Conviction Relief - Petitioner's Padilla Claim was Barred Because Padilla is Not Retroactive
  • Evidence - Evidence of Other Sexual Assaults in Another County was Admissible
  • Sufficiency of Evidence - Officer's Order to Defendant was Lawful for Officer Safety Reasons
  • Search and Seizure - Automobile Exception Applies to Cars Stopped for Traffic Violation
  • Trial Court Did Not Err in Finding Defendant in Summary Contempt
  • Sentencing - Declining to Overrule Precedent Requiring Full Remand for Merger Error
  • Post-Conviction Relief - Petitioner Did Not Establish that Expert Testimony Would Have Been Admissible
  • Per Curiam - Reversing Attorney Fees
  • Per Curiam - Trial Court Did Not Plainly Err in Imposing Attorney Fees
  • Per Curiam - Defendant's Father Lacked Actual Authority to Consent to Search of Defendant's Room
  • Per Curiam - Insufficient Evidence to Support Civil Commitment
  • Per Curiam - Reversing Attorney Fees
  • Per Curiam - Defendant's Two Unlawful Delivery Guilty Verdicts Should Merge
  • Per Curiam - Reversing Attorney Fees
  • Per Curiam - Juvenile Dependency Appeal Dismissed as Moot
  • Per Curiam - Rejecting Challenge to Auto Exception Search
  • Per Curiam - Court Grants Reconsider to Correct Citation Error
→ read the full summaries...
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