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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 - 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...

Oregon Supreme Ct - Feb 16, 2017

by: Sara Werboff • February 20, 2017 • no comments

  • Second-Degree Robbery - State Required to Prove that Person Providing Aid to Defendant Acted with Intent to Promote or Facilitate Defendant's Acts
→ read the full summaries...

Oregon Appellate Ct - Feb 15, 2017

by: Sara Werboff • February 20, 2017 • no comments

  • Parole - Board Erred by Relying on Second Psychological Evaluation to Justify Earlier Decision Deferring Release
  • Sufficiency of Evidence - Sufficient Evidence that Defendant Recklessly Caused Death of Another Person
  • Parole - Board's Factual Findings Not Supported by Substantial Evidence
  • Juvenile Dependency - Juvenile Court Lacked Authority to Order DHS to Place Children with Grandparent
  • Parole - Board's Decision to Deny Parole was Based on Substantial Evidence
  • Per Curiam - Multiple Sex Abuse Convictions Merged
  • Per Curiam - Trial Court Plainly Erred in Imposing Court-Appointed Attorney Fees
→ read the full summaries...

Oregon Supreme Ct - Feb 9, 2017

by: Sara Werboff • February 13, 2017 • no comments

  • California Convictions Were Not "Comparable Offenses" for Purposes of Presumptive Life Imprisonment for Sex Offenders
→ read the full summaries...

Oregon Appellate Ct - Feb 8, 2017

by: Sara Werboff • February 13, 2017 • no comments

  • Civil Commitment - Failure to Prove Appellant was a Danger to Others
  • Appeal and Review - Post-Conviction Relief - Cross-Appeal was Untimely
  • Per Curiam - Civil Commitment - Failure to Hold Hearing Within Five Judicial Days
  • Per Curiam - Civil Commitment - Failure to Advise of Rights
→ read the full summaries...

Oregon Appellate Ct - Feb 1, 2017

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

  • Post-Conviction Relief - Appellate Counsel Was Not Ineffective for Failing to Challenge Juror Excusal - Appellate Counsel Was Ineffective for Failing to Seek Reconsideration of Appellate Disposition
  • Attorney Fees - Court Could Not Infer that Trial Court Relied on Information Collected to Determine Defendant's Eligibility for Counsel in Finding an Ability to Pay
  • Search and Seizure - Seizure of Defendant Justified by Officer Safety Concerns
  • Burglary - State Failed to Prove that Locked Bedroom Was a Dwelling
  • Stalking - Defendant Entitled to Judgment of Acquittal for Stalking Because Contact was Not Repeated
  • Sentencing - Delivery and Possession Counts Did Not Merge - Probation Condition Permitting Walk-Through of Home Not Unconstitutional
  • Juvenile Dependency - Juvenile Court Erred in Changing Permanency Judgment
  • Per Curiam - Attorney Fees - Trial Court Plainly Erred in Imposing Attorney Fees
  • Per Curiam - State Failed to Prove that Defendant Violated Restraining Order
  • Per Curiam - Civil Commitment - Reversal Required for Failure to Advise of Rights
→ read the full summaries...

Oregon Appellate Ct - Jan 25, 2017

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

  • Eyewitness ID - Trial Court Did Not Err in Admitting Eyewitness ID
  • Right to Counsel - Waiver of Right to Counsel During Sentencing Was Not Knowingly Made
  • Self-Incrimination - Court Erred in Compelling Defendant to Testify to His Identity
  • Per Curiam - Evidence Insufficient to Support Criminal Forfeiture
  • Per Curiam - Court Erred in Imposing Attorney Fees
  • Per Curiam - Court Erred in Failing to Record Civil Commitment Proceedings
  • Per Curiam - Court Erroneously Included "Constituting Domestic Violence" in Judgment - Attorney Fees
  • Per Curiam - State Concedes that Evidence Derived from Unlawful Stop
→ read the full summaries...

Oregon Supreme Ct - Jan 20, 2017

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

  • Officer's Request for Consent to Search was Not Reasonably Related to Purpose of Detention
→ read the full summaries...

Oregon Appellate Ct - Jan 11, 2017

by: Sara Werboff • January 13, 2017 • no comments

  • UUV - Overruling Prior Case Interpreting Scope of Unauthorized Use of a Vehicle under ORS 164.135(1)(a) as "Plainly Wrong"
  • Appeal and Review - Declining to Exercise Discretion to Review for Plain Error when Error Could Have Been Fixed in the Trial Court
  • Termination of Parental Rights - DHS Met Burden of Proof under Indian Child Welfare Act (ICWA)
  • Juvenile Dependency - Juvenile Court Must Determine That There Are No Compelling Circumstances to Forego a Change in Permanency Plan
  • Per Curiam - Juvenile Dependency - No Evidence that Mother Continued to Have Domestically Violent Relationships
→ read the full summaries...

Oregon Appellate Ct - Jan 5, 2017

by: Sara Werboff • January 9, 2017 • no comments

  • Juvenile Dependency - Insufficient Evidence that DHS Made Reasonable Efforts to Provide Services to Incarcerated Parent
  • Juvenile Dependency - Insufficient Evidence that DHS Made Reasonable Efforts to Provide Services to Incarcerated Parent
  • Search & Seizure - No Article I, Section 9, Violation When Police Searched Defendants' Garbage
→ read the full summaries...

Oregon Appellate Ct - Dec 29, 2016

by: Sara Werboff • January 2, 2017 • no comments

  • "Past Sexual Behavior" Under OEC 412 is Behavior Other Than the Underlying Allegations
  • DUII - A Person in a Motorized Wheelchair in a Crosswalk is a Pedestrian and Not a Driver
  • DNA Testing - Remand Required When Trial Court Denied Petition for Appointed Counsel on Improper Basis
  • Traffic Violations - Court Did Not Abuse Discretion in Limiting Defendant's Evidence in Traffic Proceeding
  • Juvenile Dependency - Juvenile Court did Not Make "Child-Centered" Determination in Changing Permanency Plan
  • Fines and Fees - Restitution Award Proper for Victim's Attorney Fees but Not for Costs of CARES Evaluation
  • Evidence - Johns Test Not Required for Motive Evidence - State Failed to Establish that Prior Act was Relevant Under OES 404(3)
  • Post-Conviction Relief - Petitioner was Prejudiced by Trial Counsel's Failure to Provide Timely Notice of Alibi
  • Sentencing - Merger Required Because Acts Not Separated by "Sufficient Pause"
  • Per Curiam - Civil Commitment - Dismissal Required When Hearing was Untimely
  • Per Curiam - Affirming Probation Revocation Sentence Imposed Pursuant to Stipulation in Plea Agreement
→ read the full summaries...

Oregon Supreme Ct - Dec 22, 2016

by: Sara Werboff • December 23, 2016 • no comments

  • Post-Conviction Relief - Trial Court Erred in Granting Motion for Summary Judgment on Petitioner's Successive PCR Claim Alleging Brady Violation
→ read the full summaries...

Oregon Appellate Ct - Dec 21, 2016

by: Sara Werboff • December 23, 2016 • no comments

  • Photo-Radar Statutes Did Not Violate Local Laws Prohibition of Oregon Constitution
  • Fines and Fees - No Error in Imposing Compensatory Fine for Future Medical Expenses
  • Denial of MJOA and Overruling Vouching Objection Was Not Error but Trial Court Plainly Erred in Imposing Attorney Fees'
  • Juvenile Court Failed to Make Sufficient Findings in Support of Discretionary Decision
  • Reversing Due to Lack of Written Jury Trial Waiver
  • Defendant's Evidentiary Claims Were Unpreserved but Trial Court's Failure to Merge Guilty Verdicts Was Plain Error
  • Per Curiam - Attorney Fees - Trial Court Plainly Erred in Imposing $634 in Attorney Fees
  • Per Curiam - Civil Commitment - State Presented Insufficient Evidence to Support Civil Commitment
→ read the full summaries...

Oregon Appellate Ct - Dec 14, 2016

by: Sara Werboff • December 16, 2016 • no comments

  • Merger - Sex Abuse Convictions Merged Because There Was No Sufficient Pause Between Acts
  • Sentencing - Indeterminate Life Sentence with 25-Year Minimum is the Sentence for Murder
  • To Show That Delivery "Is For Consideration" State Need Only Show Delivery with Purpose of Obtaining Something of Value in Return
  • Civil Commitment - Appellant Failed to Preserve Argument That, Because He Was in Jail, He Could Meet Basic Needs
  • Disorderly Conduct - Insufficient Evidence that Defendant Engaged in Physical Act of Aggression
  • Invited Error - Defendant Could Not Obtain Reversal of Trial Court's Denial of DNA Testing Because He Invited the Error
  • Preservation - Defendant Failed to Preserve Claim That He Was Entitled to Cross-Examine Victim with Prior False Accusation
  • Per Curiam - Post-Conviction Relief - Judgment Did Not Comply with Datt v. Hill
  • Per Curiam - Merger - State Concedes Convictions for Third-Degree Assault and Fourth-Degree Assault Should Merge
  • Per Curiam - State Could Not Obtain Conviction for Uncharged Misconduct
  • Per Curiam - Reversing Attorney Fee Award
  • Per Curiam - Trial Court Erred in Imposing Fees It Had Not Announced on the Record During Sentencing
  • Per Curiam - Trial Court Erred in Directing Court Clerk to Set Up Fee Payment Schedule
→ read the full summaries...
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