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Oregon Appellate Court, August 7, 2019

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by: Rankin Johnson IV • September 3, 2019 • no comments


Summarized by Rankin Johnson, OCDLA

EVIDENCE - Impeachment with prior false accusations

Proffered evidence about victim's prior false accusations properly excluded as confusing. Affirmed.

State v. Doyle 298 Or App 712 (August 7, 2019) (Ortega) (Lane County, McIntyre)

APPEALS - Preservation

Defendant did not preserve argument that the state implicitly elected a specific prosecution theory. Affirmed.

State v. Steele 298 Or App 725 (August 7, 2019) (Ortega) (Crook County, Hillman)

EVIDENCE - Impeachment with prior conviction

2011 conviction, following reversal of 1994 conviction, was within 15 years for purposes of impeachment. Affirmed.

State v. Phillips 298 Or App 743 (August 7, 2019) (Ortega) (Marion County, James)

SEARCH AND SEIZURE - Reasonable suspicion

Defendant matched description of suspect as reported by witness, and accordingly stop was justified. Reversed on state's appeal.

State v. Brown 298 Or App 771 (August 7, 2019) (Tookey) (Washington County, Wipper)

STALKING AND PROTECTIVE ORDERS - Sufficiency

Giving gifts and coffee to the petitioner did not give rise to a well-founded fear for her safety. Reversed.

L.M.B v. Cohn 298 Or App 782 (August 7, 2019) (Tookey) (Washington County, Sims)

STALKING AND PROTECTIVE ORDERS - Mens rea

If defendant did not read restraining order documents before calling petitioner and did not know the order existed, he was not guilty of contempt. Reversed and remanded.

State v. Heal 298 Or App 806 (August 7, 2019) (Per Curiam) (Washington County, Thompsen)

EVIDENCE - Mens rea and mental illness

Defendant was entitled to offer evidence that she called 911 because, while having a dissociative episode, she believed she was experiencing an emergency. Reversed and remanded.

State v. White 298 Or App 812 (August 7, 2019) (Per Curiam) (Washington County, Cobb)

SEARCH AND SEIZURE - Duration of traffic stop

Request to search unlawfully extended traffic stop. Reversed.

State v. Darby 298 Or App 815 (August 7, 2019) (Per Curiam) (Jackson County, Barnack)

SENTENCING - Merger

Reckless driving merges into reckless endangerment of highway workers. Reversed and remanded.

State v. Smythe 298 Or App 821 (August 7, 2019) (Per curiam) (Washington County, Arnold)

FIREARMS - Basis for individual prohibition

Although the record contains sufficient evidence to commit appellant to the custody of DHS on the basis of his intellectual disability, the record does not establish that appellant is a person with mental illness, and therefore there is no basis to prohibit him from possessing firearms. Reversed.

State v. A.W. 298 Or App 823 (August 7, 2019) (Per curiam) (Deschutes County, Weikel-Magden)

TRIAL PROCEDURE - Continuance

In civil-commitment and individual-firearm-proibition case, trial court erred by denying unopposed continuance to permit review of recently-produced discovery. Reversed.

State v. W.A.B. 298 Or App 838 (August 7, 2019) (Per curiam) (Deschutes County, Weikel-Magden)