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Oregon Appellate Court, June 26, 2019

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by: Rankin Johnson IV • July 7, 2019 • no comments


Summarized by Rankin Johnson, OCDLA

SENTENCING - Money judgment in connection with prison term

Trial court did not plainly err in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay; the Court of Appeals presumes that the clerk will act lawfully in enforcing monetary obligation. Affirmed.

State v. Saunders 298 Or App 291 (June 26, 2019) (Ortega) (Multnomah County, Wittmayer)

EVIDENCE - Homeowner's exception to ban on surreptitious recording

Statute permitting 'subscribers' surreptitiously to record conversations in their homes and rendering such recordings admissible applied to the recording in this case. Affirmed.

Defendant was accused of sex offenses against his niece-in-law. She stayed with him sometimes and had a room in his house. She used an iPhone that did not have an active subscription to record a conversation with him, and that conversation was offered in evidence against him.

By statute, such recordings are inadmissible unless made by "subscribers or their families." 'Subscribers,' the court held, meant subscribers to telecommunications and radio services regardless of whether those services are used to obtain the recording.

The Court of Appeals also held that a detective's testimony about interviewing child-witnesses was not scientific evidence requiring a foundation.

State v. Evensen 298 Or App 294 (June 26, 2019) (Hadlock) (Josephine County, Wolke)

JUVENILE DELINQUENCY - Merger

Juvenile court erred by failing to merge delinquency dispositions. Reversed and remanded.

The Court of Appeals explained that criminal merger analysis applied to juvenile-delinquency proceedings.

State v. K.R.S. 298 Or App 318 (June 26, 2019) (Hadlock) (Yamhill County, Wiles)

SEARCH AND SEIZURE - Probable cause

Defendant's presence in a parking lot near a Goodwill donation trailer where illegal dumping had occurred in the past was not probable cause to stop. Reversed and remanded.

State v. Semore 298 Or App 341 (June 26, 2019) (Powers) (Washington County, Sims)