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Oregon Appellate Court, February 20, 2020

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by: Rankin Johnson IV • February 22, 2020 • no comments

 

Summarized by Rankin Johnson, OCDLA

INEFFECTIVE ASSISTANCE OF COUNSEL - Reasonable tactical choices

Defense counsel's choice not to give a closing argument, in order to prevent the state from giving a rebuttal, was not reasonable. Reversed and remanded.

Stau v. Taylor 302 Or App 313 (February 20, 2020) (Lagesen) (Umatilla County, Sullivan)

SEARCH AND SEIZURE - Reasonable suspicion

Defendant driving past the scene of an accident on a deserted road was not reasonable suspicion to stop him. Reversed and remanded.

A police officer, investigating a wrecked, deserted on a rural road, believed that a drunk driver might have been at fault. When defendant drove past but did not look at the accident, the officer concluded that he must have been involved. The Court of Appeals held that was not a lawful basis to stop.

State v. Middleton 302 Or App 339 (February 20, 2020) (Aoyagi) (Clatsop County, Matyas)