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Oregon Appellate Court, August 19, 2020

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by: Rankin Johnson • August 28, 2020 • no comments


Summarized by Rankin Johnson, OCDLA

SENTENCING - PPS term following murder conviction

Life PPS term following murder conviction was correct. Affirmed.

State v. Nobles 306 Or App 1 (August 19, 2020) (Ortega) (Multnomah County, Frantz)

SEARCH AND SEIZURE - Inventory searches

In state's appeal, trial court correctly found that state did not carry its burden to show inventory policy removed individual officer's discretion. Affirmed.

The trial court found that the decision whether to open and inventory fishing tackle boxes, suitcases, or large backpacks depended on the circumstances. The inventory policy on its face might have been permissible, but, as interpreted by police, the policy improperly permitted the exercise of discretion.

State v. Krumenaker 306 Or App 9 (August 19, 2020) (Ortega) (Tillamook County, Trevino)

SENTENCING - Life terms for juveniles

Life sentence without the possibility of parole for juvenile violated Eighth Amendment and was reviewable in successive post-conviction petition. Reversed.

Case v. Cain 306 Or App 21 (August 19, 2020) (Lagesen) (Malheur County, Landis)

RIGHT TO COUNSEL - Self-representation

The trial court did not err in failing to rule on motion for self-representation, because defendant agreed to be represented by counsel before the court ruled. Affirmed.

State v. Groff 306 Or App 40 (August 19, 2020) (Shorr) (Washington County, Menchaca)

SEARCH AND SEIZURE - Time of search-warrant execution

Search warrant was "executed" when warrant was delivered to computer technician, not when technician examined computer, and thus execution was timely. Affirmed.

The computer in question was lawfully in police custody before warrant application was filed.

The court reversed one conviction because it was based on a nonunanimous verdict.

State v. Monger 306 Or App 50 (August 19, 2020) (Powers) (Deschutes County, Bagley)


Evidence did not show that respondent, who called police in October asking for a ride to the hospital when she was not admitted to a shelter, was unable to care for her basic needs. Reversed.

Respondent was homeless, wet, and had no shoes when she encountered the police, and her broken wrist and bipolar disorder were both going untreated. She was not adequately fed. But, she received disability income, had a plan to move into a motel and then rent an apartment, and took steps to care for her needs, including calling the police, accepting medical care and medication when offered, and agreeing to attend future appointments.

State v. C.H. 306 Or App 63 (August 19, 2020) (Powers) (Marion County, Caso)

SPEEDY TRIAL - Tolling and failure to appear

Six-year delay did not warrant dismissal, notwithstanding that defendant was in custody in another state when he failed to attend a hearing. Affirmed.

The court explained that 'failure to appear,' for purposes of the speedy-trial statutes, is nonpresence in court regardless of the reason or mental state.

State v. Krieger 306 Or App 71 (August 19, 2020) (Powers) (Lane County, McIntyre)

WAIVERS - Requirements for valid waiver

Defendant did not validly waive the right to a preliminary hearing, and thus the court lacked jurisdiction to convict him. Reversed.

Because the error was of subject-matter jurisdiction, it could be raised for the first time on appeal. The waiver occurred at a hearing where defendant was present, but his lawyer was not; rather, another lawyer was standing in. Although that lawyer said that defendant would waive his right to a preliminary hearing, the record did not show that defendant personally understood or chose to waive that right.

State v. Granberg 306 Or App 86 (August 19, 2020) (Powers) (Washington County, Butterfield)

SENTENCING - Restitution

Trial court erred by imposing restitution based on its own research and its view of the subjective value of a vehicle. Reversed.

State v. Bolds 306 Or App 121 (August 19, 2020) (Per curiam) (Multnomah County, Silver)

RIGHT TO COUNSEL - Attorney advisors

Sentencing court erred by permitting counsel to withdraw prior to sentencing and not appointing substitute counsel; an attorney advisor was not sufficient. Reversed.

State v. Fullerton 306 Or App 127 (August 19, 2020) (Per curiam) (Deschutes County, Forte)