A Book from the Library of Defense

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by: Rankin Johnson IV • January 16, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

SENTENCING - Marijuana use

Trial court erred by imposing marijuana prohibition without first finding that defendant did not have a medical-marijuana card. Remanded for further proceedings.

State v. Kilgore 295 Or App 602 (January 9, 2019) (Armstrong) (Yamhill County, Collins)

EVIDENCE - Other-bad-acts

Evidence that defendant previously sexually abused the victim's mother when she was fifteen was admissible to show sexual purpose toward the ten-year-old victim. Affirmed.

State v. Moles 295 Or App 606 (January 9, 2019) (DeVore) (Marion County, Prall)

THEFT - Theft by selling

Attempting to return stolen merchandise for a cash refund is not theft by selling. Reversed.

State v. Meyer 295 Or App 632 (January 9, 2019) (Lagesen) (Multnomah County, Rees)

FITNESS FOR TRIAL - Findings of fact

Trial court did not err in believing state's expert and deciding that defendant was fit for trial, notwithstanding evidence that defendant's IQ was between 59 and 65.

The Court of Appeals explained that the trial court had sufficient evidence to conclude that defendant understood the proceedings and could communicate with his counsel and make choices in a meaningful way, and it would not re-weigh the evidence.

The Court of Appeals also decided that an unlawful but fruitless interrogation did not taint an otherwise-lawful interrogation four days later with a proper Miranda waiver.

The Court of Appeals also held that defendant's life-without-parole sentence was lawful.

State v. Ward 295 Or App 636 (January 9, 2019) (Shorr) (Washington County, Knapp)