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Oregon Appellate Court, August 28 2019

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by: Rankin Johnson IV • August 28, 2019 • no comments

 

Summarized by Rankin Johnson, OCDLA

TRIAL PROCEDURE - Motions to correct judgment

State's appeal. Trial court erred by correcting true-life sentence for murder; any error was not correctible through motion to correct judgment. Reversed and remanded.

State v. Ventris 299 Or App 124 (August 28, 2019) (Egan) (Columbia County, Grove)

RESTITUTION - Restitution and insurance

Medical expenses for child victim were not 'damages' to child, but rather to the child's parents, and thus by statute not restitutable. Reversed and remanded.

State v. White 299 Or App 165 (August 28, 2019) (Lagesen) (Washington County, Roberts)

SEARCH AND SEIZURE - Intoxication and reasonable suspicion

Officer's belief that defendant was under the influence of methamphetamine was not a basis to stop defendant. Affirmed.

Defendant was observed in his car parked on a public road, apparently having a seizure. A responding police officer concluded that defendant was actually under the influence of methamphetamine. The Court of Appeals explained that a belief that a person is under the influence, without more, is not reasonable suspicion that the person possesses a controlled substance, and, therefore, is not a basis to stop the person.

State v. Schmitz 299 Or App 170 (August 28, 2019) (Powers) (Wheeler County, Ostrye)

SEARCH AND SEIZURE - Inventory

Inventory policy permitting inventory of fanny packs and briefcases also permitted inventory of backpack. Affirmed.

State v. Salkoski 299 Or App 180 (August 28, 2019) (Landau) (Washington County, Bailey)

DUII - FSTs and Rohrs admonishment

State conceded that, under unique facts of this case, defendant's refusal to submit to FSTs was an invocation of his right against unreasonable searches and thus was not admissible against him. Reversed and remanded.

State v. Stills 299 Or App 194 (August 28, 2019) (Per curiam) (Deschutes County, Bagley)

CIVIL COMMITMENT - Service of process

Court plainly erred by civilly committing appellant when he had not been issued a citation. Reversed.

State v. R.E.F 299 Or App 199 (August 28, 2019) (Per curiam) (Coos County, Pruess)