Oregon Appellate Court, May 20, 2020

by: Rankin Johnson • May 27, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Consent to search

Police officer's reference to treatment was not an implied promise of lenience, and therefore it did not invalidate consent to search. Affirmed.

State v. McCray 304 Or App 278 (May 20, 2020) (Armstrong) (Lake County, Nichols)

STALKING AND FAPA ORDERS - Sufficiency

Trial court did not err by denying stalking order based on finding that repeated contacts did not constitute a credible threat. Affirmed.

J.C.R. v. McNulty 304 Or App 286 (May 20, 2020) (Armstrong) (Washington County, Butterfield)

SEARCH AND SEIZURE - Inventory Searches

After arresting defendant, who was on a bicycle, police should have given defendant the opportunity to leave her backpack with the bicycle, rather than taking it to the jail to be inventoried. Reversed and remanded.

State v. Edwards 304 Or App 293 (May 20, 2020) (Lagesen) (Washington County, Knapp)

POST-CONVICTION RELIEF - Ineffective assistance of counsel

Trial counsel was ineffective in failing to object to natural-and-probable-consequences instruction. Reversed and remanded.

McMillan v. Kelly 304 Or App 299 (May 20, 2020) (Tookey) (Marion County, Bergman)

SEARCH AND SEIZURE - Scope of consent

State failed to prove that consent to search car included consent to search purse. Reversed.

The court further held that possession of two unused methamphetamine pipes did not provide probable cause, and that the officer's training and experience did not make up the gap.

State v. Sunderman 304 Or App 329 (May 20, 2020) (Tookey) (Deschutes County, Brady)

POST-CONVICTION RELIEF - Ineffective assistance of counsel

Trial counsel was ineffective in failing to object to prosecutor's implication that, if primary witness did not support state's theory, she was lying. Reversed and remanded.

Davis v. Cain 304 Or App 356 (May 20, 2020) (Aoyagi) (Malheur County, Sullivan)