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Oregon Appellate Court, February 18, 2021

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by: Rankin Johnson • February 18, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries

Possession of a user amount of methamphetamine, scale, baggies, and other paraphernalia was not sufficient to prove attempt to deliver. Reversed.

State v. O'Hare 309 Or App 357 (February 18, 2021) (Lagesen) (Deschutes County, Ashby)

APPELLATE PROCEDURE - Law of the case

Ramos controlled, notwithstanding that Court of Appeals rejected jury-unanimity argument in earlier appeal in same case. Reversed.

State v. Poston 309 Or App 377 (February 18, 2021) (Powers) (Multnomah County, Dahlin)