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Oregon Appellate Court--September 12, 2018

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by: Rankin Johnson IV • September 20, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

CONTEMPT - Jurisdiction

Child support proceeding was correctly transferred from Clackamas to Multnomah County, such that Multnomah County had jurisdiction over contempt proceedings. Affirmed.

State v. Miller 294 Or App 1 (September 12, 2018) (Armstrong) (Multnomah County, Holmes-Hehn)

OFFENSIVE LITTERING

Urinating in public is not the offense of offensive littering, because urine is not trash. Reversed.

Hadlock, dissenting, argued that urine is “refuse” as that term is used in the statute.

State v. Corcilius 294 Or App 20 (September 12, 2018) (Ortega, Hadlock dissenting) (Multnomah County, Bushong)

COLLATERAL DNA TESTING - Prima facie case

Defendant failed to make a prima facie showing that he was innocent and DNA testing would tend to prove it. Order denying request for DNA testing affirmed.

State v. State v. Diaz-Avalos 294 Or App 37 (September 12, 2018) (Hadlock) (Multnomah County, Reed)

SENTENCING - Forfeiture

Court erred by ordering forfeiture of firearms. Reversed.

In a “procedurally idiosyncratic” case, the state sought forfeiture of guns claimed by defendant. Although the state advocated multiple procedural mechanisms, it did not pursue a forfeiture count during defendant’s trial. The Court of Appeals reversed the portion of the judgment ordering forfeiture.

State v. Fenton 294 Or App 48 (September 12, 2018) (Hadlock) (Jackson County, Mejia)

EVIDENCE - Expert witnesses

In DUII trial, court erred in ruling that police officer was qualified to discuss effect of brain injury on HGN. Remanded for new trial.

State v. Brown 294 Or App 61 (September 12, 2018) (Tookey) (Deschutes County, Brady)

SENTENCING - Merger

In prosecution for unlawful animal possession, each separate animal possessed was separate victim, supporting separate conviction. Affirmed.

State v. Crow 294 Or App 88 (September 12, 2018) (Tookey) (Josephine County, Hull)

EVIDENCE - Relevance

In prosecution for sex crimes against a five-year-old, trial court did not err in admitting evidence of pornography featuring older, but still underage, models to show defendant’s sexual interest in children. When defense counsel agreed to redact objectionable material from a document, any error as to the redacted evidence was unreviewable as invited.

State v. Saunders 294 Or App 102 (September 12, 2018) (Garrett) (Multnomah County, Immergut)