Oregon Appellate Court--January 3, 2019

by: Rankin Johnson • January 8, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

FINES, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. Lyness 295 Or App 524 (January 3, 2019) (Ortega) (Marion County, Prall)

APPEAL AND REVIEW - Proceedings on remand

When Court of Appeals remanded for PCR court to reconsider prejudice ruling, PCR court erred by also considering whether counsel had been ineffective. Reversed and remanded.

Maxfield v. Cain 295 Or App 553 (January 3, 2019) (Powers) (Malheur County, Guimond)

SEARCH AND SEIZURE - Officer safety

Defendant's furtive movements and agitated demeanor during a traffic stop did not provide a basis for a nonvoluntary officer-safety patdown. Reversed and remanded.

State v. Nye 295 Or App 559 (January 3, 2019) (Garrett) (Klamath County, Adkisson)