Oregon Court of Appeals 12-08-10
by: Abassos • December 7, 2010 • no comments
Read the full article for details about the following new cases:
- DUII Bicycle - Driving Revocation
- VRO Contempt - Not a Conviction
- Stalking - Motion to Seal the File
- Preservation of Jury Instruction Objection - Must except after instructions are read
Contents |
DUII - bicycle - driving revocation
A defendant can have his driving privileges permanently revoked for a bicycle DUII. Defendant argued that since driving privileges aren't required for riding a bicycle the revocation statute shouldn't apply. The appellate court finds that a DUII is a DUII and revocation is required for a third DUII without regard to the manner in which it is committed. State v. Abbey
VRO - Contempt - Not a Conviction
Contempt of Court is not a crime, even if it is charged in an information or indictment. It's an exercise of the court's inherent judicial authority. Thus, a person found in contempt is neither convicted nor sentenced as is a criminal defendant. State v. Reynolds
Stalking - Motion to Seal the File
It's not clear that judges have the authority to seal the court file after the respondent wins a stalking order hearing. Respondent argued that his right to be protected from stigma outweighs the public's right to transparency or information. Respondent apparently did not argue why a judge's ability to seal files is necessary to enable courts to perform their judicial function. The appellate court is disinclined to fill in a reason. Cox v. M.A.L.
Preservation - Jury Instruction - Must except after instructions are read
The trial court's failure to give defendant's requested jury instruction was unreviewable because defendant did not except to the failure immediately after the instructions were read. State v. Pena
