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Oregon Appellate Court, September 8, 2021

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by: Rankin Johnson • September 10, 2021 • no comments


Summarized by Rankin Johnson, OCDLA

DEFENDANT'S STATEMENTS - Attachment of right to counsel

Defendant's right to counsel in pending murder trial did not prevent police from questioning him regarding plan to kill likely state's witness in murder trial. Affirmed.

The case was on remand from the Supreme Court, and other convictions had been reversed earlier in the appellate process.

State v. Allen 314 Or App 248 (September 8, 2021) (Egan) (Multnomah County, Albrect)

EXPUNGEMENT - Basis for denial

Financial obligations in unrelated cases are not a basis to deny expungement. Reversed.

The court also rejected the state's alternative argument, that citations for Tri-Met fare violations were a basis to deny expungment, because those citations had been vacated.

State v. Kindred 314 Or App 280 (September 8, 2021) (Lagesen) (Multnomah County, Dahlin)

SENTENCING - Consecutive sentences

Record did not support consecutive sentences for driving offenses committed at the same time. Reversed.

The court rejected the state's argument that the issue was not ripe because the sentences were suspended.

State v. Larson 314 Or App 309 (September 8, 2021) (James) (Umatilla County, Hill)


Cat's serious injuries justified warrantless seizure under exigent circumstances exception. Affirmed.

State v. Hsieh 314 Or App 313 (September 8, 2021) (James) (Multnomah County, Baggio)

EVIDENCE - Vouching

Prosecutor's reference to "the credibility of our trooper" in closing was not improper vouching. Affirmed.

State v. Kiesau 314 Or App 327 (September 8, 2021) (James) (Crook County, McLane)

SEARCH AND SEIZURE - Scope of traffic stop

Searching car for contraband exceeded lawful scope of stop for illegally-tinted windows. Reversed.

City of Portland v. Gonzalez 314 Or App 401 (September 8, 2021) (Powers) (Multnomah County, Bottomly)

DEFENDANT'S STATEMENTS - Statements in connection with disciplinary hearing

Defendant's statements in jail disciplinary hearing should have been suppressed as violating Miranda, but the error was harmless. Affirmed.

The court also rejected defendant's speedy-trial argument, because he had agreed to put his more serious criminal case first and thereafter sought a continuance in that case.

State v. Shelby 314 Or App 425 (September 8, 2021) (Kamins) (Klamath County, Janney)

EVIDENCE - Expert and opinion testimony

Police officer was not qualified to render opinion that knife was "dagger." Reversed.

Defendant was charged with carrying a concealed weapon, specifically a dagger. The officer's training on knives was limited to the police academy.

State v. Threlkeld 314 Or App 433 (September 8, 2021) (Kamins) (Multnomah County, Lavin)

SENTENCING - Enhanced sex-offender sentences

Probation term in 1981 was not a prior "sentence" supporting life sentence for repeat sex offender. Reversed.

In 1981, the court explained, neither suspended imposition nor suspended execution of a sentence counted as a sentence for purposes of subsequent proceedings.

State v. Craig 314 Or App 447 (September 8, 2021) (Kistler) (Deschutes County, Flint)

DEFENDANT'S STATEMENTS - Miranda warnings in translation

The state failed to prove translated Miranda warnings were adequate. Reversed.

The warnings were translated by a telephone translation service. No evidence was offered at the hearing about the qualifications of the translators employed by the service.

State v. Voypanyuk 314 Or App 482 (September 8, 2021) (Per curiam) (Multnomah County, Ghastin)