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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 - Sept 7, 2017

by: Mary A. Sell • September 21, 2017 • no comments

CRIMES/CONTEMPT

  • Restraining Orders – “Interfering” with Petitioner – Insufficient Evidence of Interference
CUSTODIAL INTERROGATION/MIRANDA
  • Miranda Right to Counsel – Equivocal Invocation of Right to Counsel
EVIDENCE
  • Self-Incrimination – Error to Introduce Defendant’s Invocation at Trial
PCR/HABEAS CORPUS
  • Post-Conviction Relief – Ineffective Assistance of Counsel – Guilty Pleas
PER CURIAMS
  • Appeal and Review – Harmless Error
  • Fines and Fees – "Mandatory State Amt"
SEARCH AND SEIZURE
  • Search and Seizure – Search Warrants – Warrant for Electronic Devices was Overbroad
  • Search and Seizure – Probable Cause – Traffic Violations – Impeding Traffic
→ read the full summaries...

Oregon Appellate Ct - Aug 30, 2017

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

  • Evidence – Use of Force Policies Relevant for Impeachment of Officers for Motive/Bias
  • Trial Court Procedure – Motion to Suppress Met Requirements of UTCR
  • Trial Court Procedure – Motion to Suppress Did Not Meet Requirements of UTCR
  • Search and Seizure – Seizure and Search of Defendant Not Justified by Officer Safety Exception
  • Search and Seizure – During Inventory, Folded Paper Did Not Announce its Contents
  • Sentencing – Trial Court Erred in Calculating Criminal History Score for Predicate Offense – Trial Court Did Not Err in Imposing Consecutive Sentences
  • Post-Conviction Relief – Judgment Did Not Conform to Requirements
  • Per Curiam – Disorderly Conduct - Evidence Insufficient to Prove Defendant Made “Unreasonable Noise”
  • Per Curiam – Petition for Reconsideration Denied
  • Per Curiam – Plain Error Attorney Fees
→ read the full summaries...

Oregon Appellate Ct - Aug 23, 2017

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

  • Search and Seizure – Automobile Exception Applied to Warrantless Search
  • Traffic Violation – Defendant’s Conduct of Coordinating Farm Sales Fell Under Exception to Use of Mobile Communications Device
  • Restitution – Restitution for Missing Items Not Proper – Remand for Additional Findings for Damage to Police Vehicle
  • Fines and Fees – Compensatory Fine Properly Included Losses Incurred Outside Time Period Covered by Guilty Plea – Court Would Not Exercise Discretion to Correct Error as to Amount of Fine
  • Search and Seizure – Warrantless Entry Into Home Not Justified by Emergency Aid Exception – Defendant Did Not Consent
  • Forged Permanent Resident Card and Social Security Card Were Not “Valuable Instruments”
  • Contempt – Sufficient Evidence to Prove Defendant Knowingly Violated Court Order
  • Post-Conviction Relief – Remanding for Consideration of Whether Counsel Made a Considered Choice Not to Introduce Bias Evidence and Whether Counsel’s Failure to Contact Petitioner Prejudiced Him – Counsel’s Bar Disciplinary Records Were Admissible
  • Post-Conviction Relief – Statutory Interpretation – Unloaded Firearm Does Not Qualify as Deadly Weapon
  • Per Curiam – Error to Instruct Jury to Consider 9-1-1 Statements As Substantive Evidence
  • Per Curiam – Jury Instructions – Plain Error in Failing to Instruct on Culpable Mental State
  • Per Curiam – Any Error in Admitting Evidence was Not Prejudicial
→ read the full summaries...

Oregon Appellate Ct - Aug 16, 2017

by: Sara Werboff • August 18, 2017 • no comments

  • Restitution – Comparative Fault Rules Do Not Apply in Restitution Proceeding
  • Joinder – Any Error in Consolidating of Charging Instruments was Harmless
  • Post-Conviction Relief – PCR Court Erred in Allowing Hearsay Evidence – PCR Court Erred in Applying Prejudice Standard
  • Search and Seizure – Police Unlawfully Extended Traffic Stop
  • Per Curiam – Post-Conviction Relief – PCR Court Erred in Sua Sponte Granting Summary Judgment on Brady Claim
  • Per Curiam – Post-Conviction Relief – PCR Court Lacked Jurisdiction to Enter Order
  • Per Curiam – Juvenile Dependency – Insufficient Evidence to Support Jurisdiction
→ read the full summaries...

Oregon Supreme Ct - Aug 10, 2017

by: Sara Werboff • August 11, 2017 • no comments

  • Sentencing - Second Judge was Authorized to Give More Severe Sentence on Remand
  • Unauthorized Use of a Vehicle – “Vehicle” for Purposes of UUV Does Not Require Current Operability But Must Establish that It is Reasonable to Restore to Operative Condition
  • Search and Seizure – Warrantless Entry in DUII Investigation was Not Justified by Exigent Circumstances
→ read the full summaries...

Oregon Appellate Ct - Aug 9, 2017

by: Sara Werboff • August 11, 2017 • no comments

  • Per Curiam - On Reconsideration, Amending Judgment to Omit Restitution Award
→ read the full summaries...

Oregon Supreme Ct - Aug 3, 2017

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

  • State May Present Both Interfering With a Peace Officer and Resisting Arrest Charges to the Jury
  • Post-Conviction Relief – Petitioner Entitled to Post-Conviction Relief for Counsel’s Failure to Investigate Overdose Theory of Victim’s Death
→ read the full summaries...

Oregon Appellate Ct - Aug 2, 2017

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

  • Miranda Waiver – The State Failed to Establish that Defendant Voluntarily, Knowingly, or Intelligently Waived his Miranda Rights
  • Charges Were Not Properly Joined – Hearsay Was Inadmissible as a Past Recollection Recorded
  • Prosecutorial Misconduct – Reversal Required when Prosecutor’s Statements During Closing were Impermissible
  • Defendant’s Arrest for Public Drinking was Lawful because City Ordinance was Not Preempted by State Law
  • Post-Conviction Relief – PCR Judgment Does Not Satisfy Requirements
  • Merger – Multiple Counts of Identity Theft Involving Different Victims Did Not Merge into Aggravated Identity Theft
  • Indictments – Disallowance of Demurrer was Harmless Error
  • Merger – Trial Court Erred in Failing to Merge Convictions Involving Single Victim
  • Expungement – Trial Court Erred in Failing to Set Aside Defendant’s Arrest Record
  • Trial Court Did Not Err In Failing to Give Choice of Evils Defense Instruction
  • Per Curiam – Contempt – State Concedes It Misfiled Contempt Proceeding and Trial Court Erred in Imposing Punitive Sanctions
→ read the full summaries...

Oregon Appellate Ct - July 26, 2017

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

  • Defendant’s Statements were Admissions and Not Confessions
  • Civil Commitment – Court Reverses Continued Commitment under Expanded Criteria Defining Mental Illness
  • Search and Seizure – Preservation – Defendant’s Argument was Preserved and Evidence Should Have Been Suppressed
  • Search and Seizure – Preservation – Defendant Failed to Preserve Argument that Opening Car Door was Unlawful Search
  • Identity Theft – Evidence was Sufficient to Show Intent to Defraud
  • Search and Seizure – State Did Not Establish that Evidence Would Inevitably Be Discovered
  • Search and Seizure – Defendant was Unlawfully Seized and Alternative Bases for Search Were Not Raised Below
  • Per Curiam – Search and Seizure – State Concedes Officer Lacked Reasonable Suspicion
  • Per Curiam – Burglary – No Burglary Where Defendant Had Permission to Enter
→ read the full summaries...

Oregon Appellate Ct - July 19, 2017

by: Sara Werboff • July 23, 2017 • no comments

  • Defendant Waived Right to Counsel – Defendant’s Demurrer Should Have Been Allowed
  • Indictments – Demurrer Should Have Been Allowed Because No Basis for Joinder Was Alleged
  • Sufficient Evidence that Defendant Went to Premises Where Minors Regularly Congregate
  • Evidence – In Fraud Case, Evidence that Defendant Made Payments to Victims Was Improperly Excluded
  • Search and Seizure – Officer Reasonably Concluded that Entry to Defendant’s Property was Necessary to Render Emergency Aid to Cattle
→ read the full summaries...

Oregon Supreme Ct - July 13, 2017

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

  • State Not Permitted to Prosecute Defendant for Murder when Defendant Pleaded Guilty to Assault and Plea Agreement was Silent as to Risk of Additional Prosecution
→ read the full summaries...

Oregon Appellate Ct - July 12, 2017

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

  • DUII – Defendant’s Refusal to Consent to Breath Test Admissible in DUII Prosecution
  • Evidence – Trial Court Admitted Text Messages as Adoptive Admissions
  • OEC 403 – Granting Reconsideration to Remand to Trial Court to Conduct Balancing
→ read the full summaries...

Oregon Appellate Ct - July 6, 2017

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

  • Scientific Evidence – Officer’s Conclusion that Defendant Passed or Failed Field Sobriety Test is Scientific Testimony Requiring Adequate Foundation
  • Expert Testimony – Trial Court Erroneously Excluded General Testimony on False Memory – Offer of Proof was Sufficient for Review
  • Sentencing – Under ORS 137.717, Court Lacked Authority to Impose Multiple Downward Departure Sentences but Court had Discretion to Choose Which Count to Depart
  • Search and Seizure – Officer’s Belief that Defendant Possessed Drugs was Not Objectively Reasonable
  • Attorney Fees – Defendant’s General Statement that He May Be Able to Work Insufficient to Support Attorney Fee Award
  • Search and Seizure – Traffic Stop Was Valid under Vehicle Code
  • Juvenile Dependency – Court Violated Interstate Compact by Appointing Guardian in California
  • Sentencing – Trial Court Plainly Violated 200 Percent Rule for Consecutive Sentences
  • Inmate Litigation – Trial Court Did Not Err in Revoking the Waiver of Plaintiff’s Filing Fees
  • Interference with Peace Officer – On Reconsideration Reversing Conviction Because Defendant was Engaged in Passive Resistance
  • Self-Representation – Trial Court Erred in Failing to Allow Defendant to Represent Himself
  • Per Curiam – Merger – Sex Abuse and Sodomy Verdicts Based on Same Acts but Different Theories Should Merge
  • Per Curiam – Merger – Individual Thefts Should Merge into Aggravated Theft
  • Per Curiam – Civil Commitment – Appellant’s Shackling Argument is Unpreserved
→ read the full summaries...

Oregon Supreme Ct - June 29, 2017

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

  • Search and Seizure – Remanding to Determine as Factual Matter Scope of Defendant’s Consent
→ read the full summaries...

Oregon Appellate Ct - June 28, 2017

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

  • Trial Court Properly Denied Demurrer as Untimely – Trial Court Properly Imposed Compensatory Fine
  • Evidence Sufficient to Support Conviction for Initiating False Report
  • Juvenile Dependency – Mother’s Admission Was Sufficient to Support Jurisdiction
  • Per Curiam - Post-Conviction Relief – Remanding for Reconsideration of Poston Issue
  • Per Curiam – Civil Commitment – Insufficient Evidence to Support Commitment
  • Per Curiam - Juvenile Dependency – Court Erred in Appointed Guardian Ad Litem for Mother
  • Per Curiam - Appeal and Review – Defendant May Not Appeal from Guilty Plea
→ read the full summaries...

Oregon Supreme Ct - June 22, 2017

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

  • Sentencing - Sentence Was Not Vindictive When Overall Sentence was Shorter
  • Sentencing – Trial Court Erred in Failing to Consider Whether Defendant’s Intellectual Disability Rendered Measure 11 Sentence Unconstitutional
  • Search and Seizure – Although WA Officer Lacked Authority to Stop Defendant, Evidence Was Constitutionally Obtained
→ read the full summaries...

Oregon Appellate Ct - June 21, 2017

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

  • Search and Seizure – Consent to Search was Voluntary – Defendant was Not Seized
  • Sufficiency of Evidence - Record was Insufficient to Present Substantial Pain Theory of Assault to Jury
→ read the full summaries...

Oregon Supreme Ct - June 15, 2017

by: Sara Werboff • June 19, 2017 • no comments

  • Search and Seizure - Scope of Consent is Determined by Defendant's Actual Intent
→ read the full summaries...

Oregon Appellate Ct - June 14, 2017

by: Sara Werboff • June 19, 2017 • no comments

  • Evidence was Insufficient to Convict Defendant of Reckless Endangerment
  • Post-Conviction Relief – Petitioner’s Successive Petition Did Not Fall Within Escape Clause
  • Evidence – Record Did Not Reveal that Trial Court Conducted OEC 403 Balancing and Limited Remand Required
  • Failure to Appear - Sufficient Evidence that Defendant was Released from Custody – Failure to Redact Misdemeanor Charges from Release Agreement was Harmless Error
  • Search and Seizure – State Proved Exigent Circumstances Justified Warrantless Entry into Home
  • Evidence was Sufficient to Convict Defendant of Failure to Perform Duties of Driver
  • Sentencing – Merger Required for Identity Theft and Fraudulent Use of a Credit Card
  • Right to Counsel – Defendant’s Article I, Section 11, Rights Were Violated by Cellmate Interrogation
  • Court Cannot Review Exclusion of Expert Testimony Due to Insufficient Offer of Proof
  • Search and Seizure – Defendant was Stopped without Reasonable Suspicion
  • Per Curiam - Attorney Fees – Trial Court Plainly Erred in Imposing Fees
  • Per Curiam - Civil Commitment – Dismissal Warranted When Appellant Held for More Than Five Days Without Hearing
  • Per Curiam - Habeas Corpus – Plaintiff Not Precluded from Re-Raising Claims
→ read the full summaries...

Oregon Appellate Ct - June 7, 2017

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

  • Post-Conviction Relief – Petitioner Was Not Prejudiced by Trial Counsel’s Deficient Performance
  • Juvenile Dependency – Mother Was Permitted to Present New Evidence at Judicial Rehearing
  • Speedy Trial – Defendant was Not Prejudiced by Pretrial Delay – Defendant Waived Statute of Limitations Defense
  • Sentencing – Trial Court Erred in Imposing Consecutive Sentences for Attempted Murder and First-Degree Assault
  • Per Curiam – Sentencing – Not Plain Error to Impose Lengthy Non-Life Sentence on Juvenile
→ read the full summaries...
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