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Oregon Appellate Court, June 17, 2020

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by: Rankin Johnson • June 19, 2020 • no comments

 

Summarized by Rankin Johnson, OCDLA

DEFENSES - Lack of notice

In DWS trial, any error in preventing defendant from making a lack-of-notice argument to the jury was harmless, because the evidence did not support the argument. Affirmed.

Defendant argued that his lack of English proficiency rendered invalid the notice that his license was suspended, and that he was entitled to make that argument to the jury and for the jury to be instructed on it. The Court of Appeals did not reach either argument, finding that they had not been framed correctly in the trial court.

State v. Sanchez-Cacatzun 304 Or App 650 (June 17, 2020) (Egan) (Washington County, Butterfield)

SEARCH AND SEIZURE - Consent

Defendant's girlfriend had authority to consent to a search of his van, but not an unlocked safe within the van. Reversed and remanded.

The court observed that, although there was evidence that the girlfriend had accessed the safe while defendant was not present, that evidence did not show authority to do so.

State v. Solorio 304 Or App 666 (June 17, 2020) (Egan) (Multnomah County, Immergut)

SEARCH AND SEIZURE - Abandonment

By fleeing from car involved in traffic accident, defendant abandoned it, permitting a search. Affirmed.

The court also held that questioning about defendant's physical health served legitimate, non-investigative purposes, because the questioning officer had a legitimate reason to believe defendant had been injured in the accident.

State v. Montiel-Delvalle 304 Or App 699 (June 17, 2020) (Aoyagi) (Washington County, Erwin)

ENCOURAGING CHILD SEXUAL ABUSE - Elements

Sexually-explicit video of defendant, in which his eighteen-month-old child is briefly visible, could not support a conviction for encouraging child sexual abuse. Reversed.

State v. Bates 304 Or App 732 (June 17, 2020) (Powers) (Deschutes County, Brady)

EVIDENCE - Business records

At summary-judgment hearing, declaration prepared by employee of predecessor in interest of record creator could establish foundation for business-records hearsay exception. Affirmed.

Arrowood v. Fasching 304 Or App 749 (June 17, 2020) (Mooney) (Multnomah County, Hamlin)

ASSAULT - Serious physical injury

Cut on forehead leaving 3/8- to 3/4-inch long scar was not serious physical injury. Reversed.

State v. Fields 304 Or App 763 (June 17, 2020) (Mooney) (Marion County, Tripp)

SENTENCING - Restitution

Following conviction for unlawfully taking wild bighorn sheep, trial court properly imposed restitution for the value of the sheep. Affirmed.

The court imposed restitution based on the estimated cost to move wild sheep to replace the ones killed by defendants, in accordance with the state's efforts to manage wild sheep populations.

State v. Plagmann/Samora 304 Or App 785 (June 17, 2020) (Hadlock) (Gilliam County, Olson)