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Oregon Appellate Court, December 23, 2020

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by: Rankin Johnson • February 24, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

SENTENCING - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. Buckendahl 308 Or App 125 (December 23, 2020) (Lagesen) (Multnomah County, Skye)

RIGHT TO PRESENCE AT TRIAL - Waiver

Term in written judgment that failure to appear at restitution hearing served as waiver of objections was not effective because it was not announced in open court. Reversed.

State v. Sidener 308 Or App 155 (December 23, 2020) (Per curiam) (Washington County, Sims)

PRE-TRIAL PROCEDURE - Continuances

Trial court erred in denying continuance as a result of surprise unavailability of defendant's expert. Reversed.

State v. Read 308 Or App 164 (December 23, 2020) (Per Curiam) (Washington County, Wipper and Bailey)

EVIDENCE - Foundation for expert opinion

Drug test on which pediatrician relied to form opinion was not admissible as substantive evidence. Reversed.

State v. Prose 308 Or App 167 (December 23, 2020) (Per curiam) (Washington County, Sims)