Oregon Appellate Court, August 5, 2020
Summarized by Rankin Johnson, OCDLA
ATTORNEY FEE AWARDS - Ability to pay
Trial court erred by imposing attorney fees without evidence of defendant's ability to pay. Reversed
The court further held that a court clerk could lawfully sign the judgment imposing attorney fees, and that, because the attorney-fee award was imposed after sentencing, defendant was not obligated to preserve the issue.
State v. McCarthy 305 Or App 658 (August 5, 2020) (Ortega) (Clackamas County, Wetzel)
POST-CONVICTION RELIEF - Ineffective assistance of counsel
Trial counsel was not ineffective in giving minimal advice about immigration consequences of conviction, where petitioner falsely told counsel that he was a citizen. Affirmed.
The court reversed and remanded with direction that the trial court issue an amended judgment, because the judgment did not address one the claims in the petition.
Fanyagon v. State 305 Or App 671 (August 5, 2020) (Lagesen) (Clackamas County, Weber)
PHYSICAL INJURY - Substantial pain
Evidence that defendant punched the six-year-old victim in the stomach was sufficient to prove 'physical injury' in first-degree criminal mistreatment conviction. Affirmed.
The victim testified that the pain was a seven on a one-to-ten scale and lasted a minute and a half.
State v. Colpo 305 Or App 690 (August 5, 2020) (Powers) (Clackamas County, Jones)
DISORDERLY CONDUCT - Assembly
The state conceded that disturbing a single person was not disturbing "a lawful assembly of persons" an element of disorderly conduct. Reversed.
State v. Wooten 305 Or App 697 (August 5, 2020) (Per curiam) (Clackamas County, Karabeika)