Oregon Appellate Court--March 13, 2019

by: Rankin Johnson • March 21, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

IDENTITY THEFT - Using another person's PIN in jail

Defendant committed identity theft when, contrary to jail rules, he made a phone call connected to another inmate's PIN. Affirmed

The Court of Appeals held that it was a fact question whether the defendant 'obtained' or 'possessed' another inmate's PIN number; there was evidence that only a single inmate could use the phone at a time, supporting an inference that defendant entered the PIN number. The court observed that it was immaterial whether the defendant had the PIN-number-owner's permission.

State v. Connolly 296 Or App 492 (March 13, 2019) (Egan) (Multnomah County, LaBarre)

WAIVER - Waiver induced by fear of death penalty

Post-conviction petitioner had validly waived her right to a jury in aggravated-murder proceeding. Affirmed.

Petitioner had been charged with aggravated murder and other offenses. During a pre-trial conference, the judge told her that if she did not take a plea bargain, he could almost guarantee that she would probably get the death penalty. Petitioner waived her right to a jury in exchange for the state agreeing not to seek the death penalty. The post-conviction court held that the trial judge's opinion that petitioner would likely receive the death penalty did not invalidate her waiver of jury, and that, as a matter of fact, she had been competent to execute the waiver. The Court of Appeals agreed.

Myers v. Howton 296 Or App 500 (March 13, 2019) (Egan) (Washington County, Bergman)