A Book from the Library of Defense

Oregon Appellate Court, November 25, 2020

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by: Rankin Johnson • November 30, 2020 • no comments


Summarized by Rankin Johnson, OCDLA

FAPA AND STALKING ORDERS - Reasonable apprehension

Unobserved theft from petitioner's truck, and random encounter with respondent in a parking lot, did not cause petitioner to experience reasonable apprehension of former romantic partner. Reversed.

M.W.V.H. v. Van Hoff 307 Or App 620 (November 25, 2020) (Shorr) (Benton County, Barlow)

DUII - Ignition interlock device

State's appeal. Regardless of whether defendant drove during the diversion period, an IID must be installed for 90 days without a negative report in order to have the IID requirement removed following completion of diversion. Reversed.

State v. Drumbor/Day 307 Or App 630 (November 25, 2020) (Powers) (Multnomah County, Rees)

SEARCH AND SEIZURE - Conduct constituting a search

Directing defendant to open his front door constituted a search. Reversed.

State v. Dorado 307 Or App 641 (November 25, 2020) (Powers) (Washington County, Fun)

RESTITUTION - Good cause for untimely hearing

Where prosecutor requested hearing within 90 days of judgment, court did not err in failing to set hearing within 90 days. Affirmed.

Because the failure to set a hearing within 90 days was the fault of the court, not the prosecutor, good cause existed to schedule a late hearing.

State v. Moore 307 Or App 649 (November 25, 2020) (Powers) (Multnomah County, Ramras)