Checking in on the 2012 Oregon Criminal Law Quiz
by: Ryan • April 5, 2012 • no comments
We are one quarter of the way through 2012. Is there anything to report on our predictions from December, 2011?
Yes, yes there is. Let's look at questions 5 and 6 from the quiz. Updates in italics.
(5) [../../Criminal_Episodes_and_Crime_Sprees,_part_Iv-whose-job-it-anyway State v. Mallory] seemed to hold that a finding of separate criminal episodes was, sometimes, a Blakely fact, but it has never been reaffirmed. In 2012, the COA will finally reaffirm it.
(A) True (B) False Both the AG's office and the defense have briefed the continuing validity of Mallory, which I talked about in an earlier post. The AG's office is only raising one objection, also discussed in that post. Expect oral argument before the end of the year, but don't expect an opinion until 2013.
(6) Which of the following dramatic developments will occur in 2012? Pick all that apply.
(A) The COA will apply the Moreno defense to ID Thefts. In [an opinion from last Wednesday], the COA -- and, apparently, the AG's office -- assumed that the Moreno defense did apply to ID Thefts, but the state had enough evidence in that case to survive MJOA. (B) The OSC will finally address whether [../..Blog:Main/Tea_Leaves,_Momentum_and_Offense-Specific_Enhancements-Elements | offense-specific enhancement facts are elements] under the Oregon Constitution. Yep. The OSC has taken review of State v. Reinke, which is being argued in May. Expect an opinion by the end of 2012. (C) Trial courts will start accepting special jury instructions that limit the application of [../../content/defeating-felony-murder-finding-lagniappe-today's-already-great-osc-opinion felony murder] to co-defendants in certain situations, in light of the discussion in Lopez-Minjarez.
I haven't heard anything. Anyone gotten the 'instructions? At least one felony murder case is on appeal that might decide the breadth of available defenses in a felony murder case, but it has an unusual procedural history.
