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Oregon Appellate Court, January 6, 2021

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by: Rankin Johnson • February 9, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

CIVIL COMMITMENT - Sufficiency

Respondent's self-harming behavior inside the hospital did not prove a propensity for self-harm while outside the hospital. Reversed.

State v. S.A.R. 308 Or App 365 (January 6, 2021) (Lagesen) (Lane County, Merten)

RESTITUTION - Sick leave

Trial court did not err in ordering restitution for three days of sick leave, taken while suffering trauma of being robbery victim. Affirmed.

State v. Buswell 308 Or App 389 (January 6, 2021) (Tookey) (Tillamook County, Baldwin)

SEARCH AND SEIZURE - Reasonable suspicion

Odor of marijuana, use of rented car, and false statements about recent travel provided reasonable suspicion of drug trafficking. Affirmed.

The presence of a juvenile did not affect rule that odor of marijuana does not provide reasonable suspicion, because deputy's concern that juvenile, rather than adult, possessed it was supported only by speculation.

Youth's argument that the drug inquiry was an improper expansion of the stop was unpreserved, and too complex and novel for plain-error review.

State v. T.T. 308 Or App 408 (January 6, 2021) (James) (Multnomah County, Torres)

FINES, FEES, AND COSTS - Discretionary fees

Sentencing court erred by holding that DUII conviction fee was mandatory. Reversed.

The court also erred by adding a court-appointed counsel fee to the judgment without giving defendant an opportunity to address it first.

State v. Colgrave 308 Or App 441 (January 6, 2021) (Aoyagi) (Umatilla County, Crowley, Hill)

CIVIL COMMITMENT - Sufficiency

Aggressive behavior while in the hospital did not establish that respondent was a danger to herself. Reversed.

State v. M.T. 308 Or App 448 (January 6, 2021) (Landau) (Marion County, Tripp)

PRE-TRIAL PROCEDURE - Motion deadlines

Trial court erred in declining to rule on motion as untimely, when court had not established deadline for motion. Reversed.

The Court of Appeals directed the trial court to apply the correct standard in ruling on the motion.

Inman v. Bowser 308 Or App 458 (January 6, 2021) (Per curiam) (Umatilla County, Pratt)