Oregon Appellate Court, December 15, 2021

by: Rankin Johnson • December 17, 2021 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Investigation connected to stop
Importance: 1/5

Trial court did not determine whether shining flashlight in defendant's car was reasonably connected to car-theft investigation, for which the officer had probable cause, or drug offenses, for which he didn't. Reversed and remanded.

State v. Deatley 316 Or App 351 (December 15, 2021) (Tookey) (Multnomah County, Moawad)

JURY INSTRUCTIONS - Comments on evidence
Importance: 2/5

Trial court erred in instructing jury that slap was offensive physical contact, but the error was harmless. Affirmed.

The Court of Appeals reversed a judgment term imposing attorney fees without supporting findings.

State v. Stewart 316 Or App 450 (December 15, 2021) (Powers) (Washington County, Garcia)