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Oregon Appellate Court--October 17, 2018

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by: Rankin Johnson IV • October 17, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

INTERFERING WITH A PEACE OFFICER - Lawful order

Following mayor's request, police officer had the lawful authority to direct defendant to leave public meeting. Affirmed.

State v. Seidel 294 Or App 389 (October 17, 2018) (Egan) (Clatsop County, Matyas)

SENTENCING - Mandatory minima

300-month sentence was not disproportionate for using a child in a sexually explicit display by man in his late forties committed by inducing 16-year-old to masturbate for defendant to observe. Affirmed.

Defendant, while in his thirties and forties, had numerous sexual encounters with teenaged boys, including some that had been reported to the police but not prosecuted. He was convicted of several sexual offenses, and the court imposed multiple concurrent 300-month terms.

State v. Horseman 294 Or App 398 (October 17, 2018) (Hadlock) (Washington County, Letourneau)

APPEALS -Harmlessness

Any error in admitting evidence that defendant screamed at the victim outside the courthouse a year after the alleged assault was harmless. Affirmed.

State v. Olson 294 Or App 420 (October 17, 2018) (DeVore) (Linn County, Novotny)

PROBATION - Condition requiring abidance by direction of probation officer

Condition requiring abidance by direction of probation officer only applied to probation officer's direction that probationer report as required. Reversed.

State v. Hardges 294 Or App 445 (October 17, 2018) (DeHoog) (Multnomah County, Hodson)

POST-CONVICTION RELIEF - Immigration advice

Defense counsel consulted with immigration counsel before advising defendant, and, although his advice was debatable, it was not so deficient as to be ineffective. Affirmed.

Daramola v. State 294 Or App 455 (October 17, 2018) (James) (Lane County, Rooke-Ley)

PAROLE - Findings

Board failed to explain how expert findings that petitioner had a "moderate" personality disorder supported a finding that he has a "severe emotional disturbance." Remanded for further proceedings.

Washington v. Board of Parole 294 Or App 497 (October 17, 2018) (Schuman) (Board of Parole and Post-Prison Supervision)