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Oregon Appellate Court, August 4, 2021

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by: Rankin Johnson • August 6, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

CIVIL COMMITMENT - Record and burden of proof

Threatening to hit her husband with a hammer, attempting to take the neighbor's dog, and irrational and threatening behavior in the hospital, along with diagnosis of bipolar disorder, warranted civil commitment. Affirmed.

State v. S.E. 313 Or App 678 (August 4, 2021) (Tookey) (Multnomah County, Moawad)

RESTITUTION - Time limitations

Prosecutor's restitution claim must be filed within statutory 90-day period. Reversed.

Although a crime victim may have an independent right to seek restitution, the prosecutor can only enforce that right through the statutory process. The victim's right must also be asserted within statutory time limits, which were violated here.

State v. Castillo 313 Or App 699 (August 4, 2021) (Mooney) (Washington County, Butterfield)

SENTENCING - Merger

First-degree criminal trespass, committed in a dwelling, does not merge with burglary, which can be committed in a building. Affirmed.

The state confessed error on the merger issue, but the court did not accept the concession. The court also declined to review an unpreserved Ramos challenge where no jury poll was conducted.

State v. Jackson 313 Or App (August 4, 2021) (Landau) (Coos County, Barron)