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Oregon Appellate Court, November 17, 2021

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by: Rankin Johnson • November 19, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

TRIAL PROCEDURE - Waiver of preliminary hearing
Importance: 2/5

Holding a stip-facts trial following an invalid waiver of preliminary hearing is not plain error. Affirmed.

State v. Keys 315 Or App 603 (November 17, 2021) (DeHoog) (Marion County, Armstrong)

EVIDENCE - Other-bad-acts and plans
Importance: 3/5

In sex abuse trial where defendant was accused of touching woman sitting next to him in a library, evidence that defendant sat next to another woman earlier in the day and invaded her personal space, causing her to leave, was admissible to show a 'spurious plan.' Affirmed.

The state had a lower burden because the evidence was not offered to prove identity or intent. The two acts in this case were similar enough to support an inference that they were in pursuit of a common plan.

State v. Taylor 315 Or App 608 (November 17, 2021) (DeHoog) (Multnomah County, Souede)

FINES, FEES, AND COSTS - Statutory maxima
Importance: 1/5

Trial court erred by imposing compensatory fine and punitive fine which, in combination, exceeded the statutory maximum fine. Reversed.

State v. Kiemtore 315 Or App 692 (November 17, 2021) (Per curiam) (Umatilla County, Sullivan)

EVIDENCE - Consciousness of guilt
Importance: 1/5

Evidence of defendant's lack of cooperation with arresting officers, and resulting use of tear gas, was admissible. Affirmed.

State v. Mott 315 Or App 702 (November 17, 2021) (Per curiam) (Jackson County, Cromwell)