A Book from the Library of Defense

Oregon Supreme Court, March 4, 2021

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by: Rankin Johnson • March 9, 2021 • no comments


Summarized by Rankin Johnson, OCDLA

EVIDENCE - Impeachment with conviction

Date of most recent judgment of conviction used in determining whether conviction and sentence occurred within last fifteen years and thus could be used for impeachment. Affirmed.

The court rejected defendant's argument that the original conviction, reversed in post-conviction court and then reimposed many years later, started the fifteen-year clock.

State v. Philllps 367 Or 594 (March 4, 2021) (Flynn) (Marion County, James)

RESTITUTION - Reasonableness of bill

Photographs of damage to vehicle, detailed repair estimate, and evidence that insurance company paid bill were sufficient for finding that bill was reasonable. Court of Appeals reversed, trial court affirmed..

State v. Aguirre-Rodriguez 367 Or 614 (February 25, 2021) (Nelson) (Marion County, Caso)

JUVENILE DELINQUENCY - Cruel and unusual punishment

Life imprisonment with possibility of parole after 30 years for murder committed by juvenile was not cruel and unusual. Court of Appeals reversed, trial court affirmed.

The court considered federal constitutional claims only.

State v. Link 367 Or 625 (February 25, 2021) (Garrett) (Deschutes County, Brady)