Oregon Appellate Court 03-16-11
by: Abassos • March 15, 2011 • no comments
Read the full article for details about the following new cases:
- Stop - Objective Probable Cause
- Hearsay - Unavailability
- Accomplice Liability - Natural and Probable Consequences
- Sex Cases - There Shall be No Diagnosis in the Absence of Physical Findings
Contents |
Stop - Objective Probable Cause
An officer does not have objective probable cause to believe a person has an obstructed windshield (ORS 815.220(2)) when what he observes is a cracked windshield. Without objective probable cause the stop violated Article I, Section 9 and the evidence obtained as a result was an unattenuated product of the illegality. State v. Elmore
A complainant who doesn't show up for trial is only "unavailable" for the purposes of creating a hearsay exception if the state made a good-faith effort to secure attendance. Here, the state attempted twice to serve the complainant at the courthouse and made phone calls trying to track her down. But that doesn't amount to a sufficient effort to make the witness unavailable. Reversed. State v. Simmons
Accomplice Liability - Natural and Probable Consequences
The natural and probable consequences jury instruction is a mis-statement of the law on aiding and abetting. See Lopez-Minjarez. Reversed, in part.[http://www.publications.ojd.state.or.us/A140357.htm State v. Tucker]
Sex Cases - There Shall be No Diagnosis in the Absence of Physical Findings
Four Counts of Sodomy I. Reversed. Southard. Per Curiam. State v. Thomas
