Two big cases from OSC out tomorrow

This wikilog article is a draft, it was not published yet.

by: Ryan • December 11, 2013 • no comments

If you handle DUII cases, you'll want to check out tomorrow's big OSC opinion in State v. Moore. The question presented, per the OSC press release from May, 2012, is:

If a police officer, in compliance with the implied-consent law, ORS 813.100(1) and ORS 813.131(1), provides a person who has been arrested for DUII with the advice of the rights and adverse consequences that is set forth in ORS 813.130(1), does that advice invalidate the person's otherwise voluntary consent to provide blood and urine samples?

State v. Pipkin is tomorrow's other big case. It is the court's first big boots/houston opinion in years. Could be especially important if your client is an accomplice or charged with burglary. The questions presented in Pipkin:

(1) When the state charges a defendant with alternative theories of the same crime in the same count, must the jury agree on at least one of those theories, even though guilty verdicts for those theories will merge into a single crime?

(2) Do "unlawfully entering" and "unlawfully remaining" constitute alternative theories of the crime of burglary, and, therefore require that either (a) the jury agree on at least one of those theories or (b) the state elect which theory to present to the jury, even though guilty verdicts for those two alternatives would merge into a single conviction?