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Oregon Appellate Court, April 14, 2021

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by: Rankin Johnson • April 15, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Conduct constituting seizure

Picking up leather jacket to remove it from a bicycle path following a motorcycle crash was not a seizure. Affirmed.

The Court of Appeals declined to disturb the trial court's finding that a firearm in the pocket of the jacket was in plain view after it was moved from the path.

State v. Peek 310 Or App 587 (April 14, 2021) (Lagesen) (Multnomah County, Wittmayer)

SENTENCING - Separate victims

Felon in possession of a firearm and unlawful use of a weapon have different victims for purposes of the shift-to-I and 200-percent rules. Affirmed.

State v. Brass 310 Or App 602 (April 14, 2021) (DeHoog) (Clatsop County, Matyas)

MENTAL HEALTH DEFENSES - Guilty-but-insane

Counsel was not ineffective in failing to pursue guilty-but-insane defense, notwithstanding that defendant was found unfit for trial. Affirmed.

In summary judgment in post-conviction proceeding, evidence was insufficient to establish prejudice. Aid-and-assist litigation in underlying trial, while it raised a question regarding fitness for trial, did not raise a question about insanity.

Jenkins v. Cain 310 Or App 608 (April 14, 2021) (James) (Malheur County, Pratt)

CIVIL COMMITMENT - Hearing procedures

Court did not plainly err by failing to start hearing within seven days of issuing a warrant, by failing to serve the citation at least 24 hours before the hearing, and by issuing a warrant that did not advise appellant of the right to counsel. Affirmed.

State v. C.P. 310 Or App 631 (April 14, 2021) (Powers) (Marion County, Newman)

SEARCH AND SEIZURE - Expansion of traffic stop

Failure to stop vehicle quickly, strong smell of marijuana, visible marijuana, lack of rental agreement, and convoluted explanation of driving back and forth between California and Washington were sufficient basis to expand traffic stop. Affirmed.

State v. Robinson 310 Or App 644 (April 14, 2021) (Mooney) (Jackson County, Hoppe)

SEARCH AND SEIZURE - Officer safety

Passenger was lawfully stopped for officer safety after vehicle chase. Affirmed.

Police attempted to stop the driver, who fled. During the chase defendant, a passenger, made rapid movements directed toward the floor and yelled at the driver. When the car stopped, defendant got out of the car and the stopping officer drew his gun and told defendant to stay where he was. Defendant retrieved bags from the backseat, walked toward the police car, and was arrested. Police found controlled substances in his bags. The Court or Appeals held that the officer-safety doctrine permitted the officer to order defendant to stay where he was, and his failure to do so was interfering with a peace officer, supporting his arrest.

State v. Payne 310 Or App 672 (April 14, 2021) (Kamins) (Baker County, Baxter)