OCDLA Library of Defense - Case Reviews
- 2023 Case Summaries by Topic
- 2022 Case Summaries by Topic
- 2021 Case Summaries by Topic
- 2020 Case Summaries by Topic
- 2019 Case Summaries by Topic
- 2018 Case Summaries by Topic
- 2017 Case Summaries by Topic
- 2016 Case Summaries by Topic
- 2015 Case Summaries by Topic
Oregon Court of Appeals, May 24th, 2023
by: Rankin Johnson
USING A CHILD IN A SEXUALLY EXPLICIT DISPLAY - Relation to other sex offenses
MENS REA - Mental states and classes of elements
Oregon Court of Appeals, May 17th, 2023
by: Rankin Johnson
CLOSING ARGUMENT - Burden shifting by state
SEARCH AND SEIZURE - Reasonable suspicion
DEFENSES - Choice of evils
JOINDER, SEVERANCE, AND ELECTION - Bases for joinder
JURISDICTION - Territorial jurisdiction
Oregon Court of Appeals, May 3rd, 2023
by: Rankin Johnson
SEARCH AND SEIZURE - Scope of inquiry following stop
ABUSE OF A CORPSE - Construction
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THEFT OFFENSES - Value of stolen property
THEFT OFFENSES - Value of stolen property
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Oregon Court of Appeals, April 26th, 2023
by: Rankin Johnson
JURY INSTRUCTIONS - Plain error review
LITTERING OFFENSES - Discarding Trash Near Waters
UNLAWFUL USE OF A WEAPON - Sufficiency
RIGHT TO COUNSEL - State habeas
TRIAL PROCEDURE - Disqualification of judges
PROBATION CONDITIONS - Announcing in open court
Oregon Court of Appeals, April 19th, 2023
by: Rankin Johnson
INADEQUATE ASSISTANCE OF COUNSEL - Changes in law
APPEAL AND REVIEW - Harmlessness
MENS REA - Mental states and classes of elements
CLOSING ARGUMENT - Improper argument by prosecutor
STATUTORY CONSTRUCTION - Private indecency
PROBATION AND OTHER SUPERVISION - Electronic use
Oregon Supreme Court, April 6th, 2023
by: Rankin Johnson
APPELLATE PROCEDURE - Dismissal by appellant
Oregon Court of Appeals, April 5th, 2023
by: Rankin Johnson
EVIDENCE - Scientific and expert evidence
SEARCH AND SEIZURE - Unsignaled lane change
Oregon Court of Appeals, March 29th, 2023
by: Rankin Johnson
SELF-INCRIMINATION - Polygraphs
EVIDENCE - Vouching
FIREARM OFFENSES - Carrying a Concealed Weapon
EVIDENCE - Propensity evidence
TRIAL PROCEEDINGS - Restraints for defendant
Oregon Court of Appeals, March 22nd, 2023
by: Rankin Johnson
MENS REA - Mental states and classes of elements
SEARCH AND SEIZURE - Warrants and electronic data
APPEAL AND REVIEW - Mootness
DESTRUCTION OF EVIDENCE - Remedy
CONTROLLED SUBSTANCE OFFENSES - Merger
USING A CHILD IN A SEXUALLY EXPLICIT DISPLAY - Sufficiency
SEARCH AND SEIZURE - State action
RIGHT TO CONFRONTATION - Release agreements
SENTENCING - Restitution
SEARCH AND SEIZURE - Consent and acquiescence
Oregon Court of Appeals, March 15th, 2023
by: Rankin Johnson
PLEA AGREEMENTS - Reviewability
SEARCH AND SEIZURE - Attenuation
SEARCH AND SEIZURE - Conduct constituting a stop
Oregon Court of Appeals, March 8th, 2023
by: Rankin Johnson
SEARCH AND SEIZURE - Reasonable suspicion
MENS REA - Transferred intent
CIVIL COMPROMISE - Eligible offenses
SEARCH AND SEIZURE - Exploitation
JURY TRIALS - Jury selection
DEFENSES - Self-defense
Oregon Court of Appeals, February 22nd, 2023
by: Rankin Johnson
INTERFERING WITH A PEACE OFFICER - Lawful Order
-
Oregon Court of Appeals, February 8th, 2023
by: Rankin Johnson
-
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EVIDENCE - Foundation
SENTENCING - Separate criminal episodes
DOUBLE JEOPARDY - Separate criminal episodes
Oregon Court of Appeals, February 1st, 2023
by: Rankin Johnson
MENTAL STATES - Elements and mental states.
RESTITUTION - Price and market rate
EVIDENCE - Public records hearsay exception
MENTAL STATES - Use of intoxicants
Oregon Court of Appeals, January 25th, 2023
by: Rankin Johnson
FAPA, STALKING, AND RESTRAINING ORDERS - Expressive conduct and threats
HABEAS CORPUS - Conditions of confinement
Oregon Court of Appeals, January 11th, 2023
by: Rankin Johnson
DEFENDANT - Invocation
MENTAL HEALTH DEFENSES - Disqualifying disorders
EVIDENCE - Opinion evidence
Oregon Supreme Court, December 30th, 2022
by: Rankin Johnson
RIGHT TO JURY TRIAL - Nonunanimous verdicts
RIGHT TO JURY TRIAL - Nonunanimous verdicts
RIGHT TO CONFRONTATION - Probation hearings
RIGHT TO JURY TRIAL - Nonunanimous verdicts
Oregon Court of Appeals, December 29th, 2022
by: Rankin Johnson
SEARCH AND SEIZURE - Interest in property
PRESERVATION - MJOA
INDIAN LAW - Conservation necessity
Oregon Supreme Court, December 22nd, 2022
by: Rankin Johnson
JOINDER, SEVERANCE, AND ELECTION - Burden to obtain severance
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Oregon Court of Appeals, December 14th, 2022
by: Rankin Johnson
RIGHT TO JURY TRIAL - Finality
SEARCH AND SEIZURE - Particularity of Search Warrants
STALKING AND FAPA ORDERS - Temporary orders
DESTRUCTION OF EVIDENCE - Burden of proof
FIREARMS - Mental illness
SEARCH AND SEIZURE - Search incident to arrest
Oregon Court of Appeals, December 7th, 2022
by: Rankin Johnson
HUNTING, FISHING, AND WILDLIFE OFFENSES - Commercial fishing regulation
PROBATION AND OTHER SUPERVISION - Tolling and termination
MARIJUANA REGULATION - Hemp
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EVIDENCE - Body-camera recordings
SENTENCING - Restitution
Oregon Court of Appeals, November 23rd, 2022
by: Rankin Johnson
CONTEMPT - Mens rea
PAROLE - Murder-review hearings
Oregon Court of Appeals, November 16th, 2022
by: Rankin Johnson
SEARCH AND SEIZURE - Conduct constituting a stop
EVIDENCE - Other bad acts
DEFENDANT - Improper inducement
SEARCH AND SEIZURE - Conduct constituting a stop
SEARCH AND SEIZURE - Conduct constituting a stop
Oregon Court of Appeals, October 26th, 2022
by: Rankin Johnson
CONSENT - Physical helplessness
EVIDENCE - Hearsay
SEARCH AND SEIZURE - Conduct constituting a stop
Oregon Supreme Court, October 20th, 2022
by: Rankin Johnson
CLOSING ARGUMENT - Improper argument by prosecutor
FIREARMS - Defenses for firearm offenses
DUII - Implied consent
Oregon Court of Appeals, October 19th, 2022
by: Rankin Johnson
PROBATION VIOLATIONS - Admissions
INADEQUATE ASSISTANCE OF COUNSEL - Mitigation
TRIAL PROCEDURE - Right to participate
SENTENCING - Maximum at resentencing
Oregon Court of Appeals, October 12th, 2022
by: Rankin Johnson
DUII - Diversion
MENS REA - Mental states and specific elements
PLEA AGREEMENTS - Deferred sentencing agreements
MENS REA - Mental states and classes of elements
Oregon Supreme Court, October 6th, 2022
by: Rankin Johnson
POST-CONVICTION RELIEF - Delay caused by flight
MENS REA - Value of stolen property
Oregon Court of Appeals, October 5th, 2022
by: Rankin Johnson
SENTENCING - Merger
MENS REA - Extreme Indifference
SENTENCING - Earned discharge
Oregon Court of Appeals, September 28th, 2022
by: Rankin Johnson
DEFENDANTS STATEMENTS - Compelling circumstances
EVIDENCE - Motive to lie
JUVENILE DELINQUENCY - Confidentiality
EVIDENCE - Eyewitness identification
Oregon Court of Appeals, September 21st, 2022
by: Rankin Johnson
PROBATION AND OTHER SUPERVISION - Drug court
Oregon Court of Appeals, September 14th, 2022
by: Rankin Johnson
CONSENT - Ability to consent
MENS REA - Mental states and classes of elements
FITNESS FOR TRIAL - Time in the state hospital
Oregon Court of Appeals, September 8th, 2022
by: Rankin Johnson
EVIDENCE - Expert testimony
SENTENCING - Departure factors
EVIDENCE - Chain of custody
SEARCH AND SEIZURE - Inevitable discovery
INDIAN LAW - Hunting and fishing regulations
Oregon Court of Appeals, August 31st, 2022
by: Rankin Johnson
THEFT OFFENSES - Sufficiency
DISCOVERY - Sanctions for violations
Oregon Court of Appeals, August 24th, 2022
by: Rankin Johnson
RIGHT TO COUNSEL - Right to substitute counsel
Oregon Supreme Court, August 11th, 2022
by: Rankin Johnson
RIGHT TO JURY - Trial on animal forfeiture
Oregon Court of Appeals, August 10th, 2022
by: Rankin Johnson
EXECUTIVE CLEMENCY - Governor's power to grant
MENS REA - Risk of physical injury.
FAPA, STALKING, AND RESTRAINING ORDERS - Settlement agreements
EVIDENCE - Chain of custody
DUII - Refusal and consent
Oregon Supreme Court, August 4th, 2022
by: Rankin Johnson
MENS REA - Mental states and classes of elements
Oregon Court of Appeals, August 3rd, 2022
by: Rankin Johnson
WITNESSES - Subpoenas
SEARCH AND SEIZURE - Scope of stop
Oregon Court of Appeals, July 20th, 2022
by: Rankin Johnson
DUII - Felony DUII
EVIDENCE - Vouching
EVIDENCE - Relevance
Oregon Court of Appeals, July 13th, 2022
by: Rankin Johnson
RIGHT TO JURY TRIAL - Exclusion of ethnic minorities from jury
POST-CONVICTION RELIEF - Hearing on petition
SENTENCING - Merger
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Oregon Court of Appeals, June 29th, 2022
by: Rankin Johnson
MENS REA - Physical injury
JURY INSTRUCTIONS - Less-satisfactory-evidence
SENTENCING - Proportionality
Oregon Court of Appeals, June 15th, 2022
by: Rankin Johnson
EVIDENCE - Relevance
DEFENDANT - Confessions and admissions
DELIVERY OF A CONTROLLED SUBSTANCE - Boyd deliveries
SEARCH AND SEIZURE - Exigency
SENTENCING - Restitution
Oregon Court of Appeals, June 8th, 2022
by: Rankin Johnson
PROBATION AND OTHER SUPERVISION - Contact
POST-CONVICTION RELIEF - Time limitations
SEARCH AND SEIZURE - Reasonable suspicion
SEARCH AND SEIZURE - Arrest
INTERCEPTION OF COMMUNICATIONS - Law Enforcement Officers
PRESERVATION - Legal and factual arguments
JURY UNANIMITY - Boots instructions
SEX CRIMES - Lesser included offenses
EVIDENCE - Speculation
ACCUSATORY INSTRUMENTS - Pretrial dismissal of lesser-included offenses
Oregon Court of Appeals, June 2nd, 2022
by: Rankin Johnson
SEARCH AND SEIZURE - Field sobriety tests
SEARCH AND SEIZURE - Mere presence
JUVENILE DELINQUENCY - Waiver into adult court
SEARCH AND SEIZURE - Reasonable suspicion
EVIDENCE - Hearsay
Oregon Court of Appeals, May 25th, 2022
by: Rankin Johnson
PROBATION - Revocation
SENTENCING - Repeat property offenders
SIMULATING LEGAL PROCESS - Elements
RIGHT TO COUNSEL - Waiver and forfeiture
EVIDENCE - Other bad acts
CRIMINAL MISCHIEF - Value
EVIDENCE - Other bad acts
Oregon Court of Appeals, May 18th, 2022
by: Rankin Johnson
INEFFECTIVE ASSISTANCE OF COUNSEL - Tactical choices
RIGHT TO JURY TRIAL - Unanimity
MENS REA - Intoxicants
RIGHT TO COUNSEL - Waiver
WITNESSES - Impeachment
POST-CONVICTION RELIEF - Burden of proof
FAILURE TO APPEAR - Release agreements
BURGLARY - Building
WITNESSES - False-in-part instruction
SEX CRIMES - Merger
Oregon Supreme Court, May 12th, 2022
by: Rankin Johnson
SENTENCING - Consecutive probation-violation sentences
Oregon Court of Appeals, May 11th, 2022
by: Rankin Johnson
INEFFECTIVE ASSISTANCE OF COUNSEL - Futile motions
SENTENCING - Probation-revocation sentences
SEARCH AND SEIZURE - Stops
SENTENCING - Dangerous offenders
Oregon Court of Appeals, April 27th, 2022
by: Rankin Johnson
SEARCH AND SEIZURE - Search warrants
INTIMIDATION - Free-speech guarantees
EVIDENCE - Expert testimony
EVIDENCE - Other bad acts
SENTENCING - Merger
FAILURE TO YIELD - Elements
EVIDENCE - Vouching
Oregon Court of Appeals, April 20th, 2022
by: Rankin Johnson
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STRANGULATION - Mens rea
EVIDENCE - 403 balancing
EVIDENCE - Hearsay
ASSAULT - Serious physical injury
TIME LIMITATIONS - Changes to statute of limitations
IDENTITY THEFT - Uttering
Oregon Court of Appeals, April 13th, 2022
by: Rankin Johnson
SEX CRIMES - Forcible compulsion
SEARCH AND SEIZURE - Search incident to arrest
EVIDENCE - Hearsay
SEARCH AND SEIZURE - Reasonable suspicion
SEARCH AND SEIZURE - Automobile exception
Oregon Court of Appeals, April 6th, 2022
by: Rankin Johnson
COMPUTER CRIME - Elements
SEARCH AND SEIZURE - Reasonable suspicion
SENTENCING - Restitution
EVIDENCE - Scientific and expert evidence
SEARCH AND SEIZURE - Reasonable suspicion
DEFENDANT - Voluntariness
SENTENCING - Restitution
RIGHT TO COUNSEL - Self-representation
Oregon Supreme Court, March 31st, 2022
by: Rankin Johnson
POST-CONVICTION RELIEF - Standards for ineffective counsel
SENTENCING - Proportionality
APPELLATE PROCEDURE - Jurisdiction
Oregon Court of Appeals, March 30th, 2022
by: Rankin Johnson
RIGHT TO JURY TRIAL - Ineffective Assistance of Counsel
Oregon Court of Appeals, March 23rd, 2022
by: Rankin Johnson
TRAFFIC OFFENSES - Impeding traffic
TAMPERING WITH EVIDENCE - Sufficiency
RESTITUTION - Reasonableness of medical bills
SEARCH AND SEIZURE - Abandonment
RESTITUTION - Amount
SEARCH AND SEIZURE - Authority to consent
SEARCH AND SEIZURE - Scope of inquiry following stop
RIGHT TO COUNSEL - Harmlessness
Case Reviews, March 22nd, 2022
by: Rankin Johnson
MENTAL HEALTH DEFENSES - Insanity and personality disorders
Oregon Supreme Court, March 22nd, 2022
by: Rankin Johnson
INCHOATE CRIMES - Attempts
INCHOATE CRIMES - Attempts
Oregon Court of Appeals, March 16th, 2022
by: Rankin Johnson
RIGHT TO JURY TRIAL - Improper comment by prosecutor
MENS REA - Mental states and specific elements.
TIME LIMITATIONS - Unreasonable delay
TRAFFIC OFFENSES - Speed-measuring devices
EVIDENCE - Opinion evidence
144 - Right to be present at trial
DUII - Miles instruction
Oregon Court of Appeals, March 9th, 2022
by: Rankin Johnson
INADEQUATE ASSISTANCE OF COUNSEL - Prejudice
SEARCH AND SEIZURE - Conduct constituting a stop
Oregon Supreme Court, March 3rd, 2022
by: Rankin Johnson
MENS REA - Result elements
MENS REA - Result elements
Oregon Court of Appeals, March 2nd, 2022
by: Rankin Johnson
SEARCH AND SEIZURE - Probable cause
CONTEMPT - Out-of-state orders
TRIAL PROCEEDINGS - Mistrials
Oregon Court of Appeals, February 24th, 2022
by: Rankin Johnson
EVIDENCE - Subpoenas duces tecum
SENTENCING - Substantial and compelling reasons
SEARCH AND SEIZURE - Search incident to arrest
DOUBLE JEOPARDY - Mandatory joinder
SEARCH AND SEIZURE - Officer safety
RIGHT TO COUNSEL - Self-representation
SENTENCING - Restitution
CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries
SEARCH AND SEIZURE - Consent and acquiescence
Oregon Court of Appeals, February 16th, 2022
by: Rankin Johnson
RIGHT TO JURY TRIAL - Unanimity
TRESPASSING - License to enter property
IDENTITY THEFT - Intent to defraud
TIME LIMITATIONS - Delay in execution of process
PHYSICAL INJURY - Bruising
TRAFFIC OFFENSES - Driving while suspended or revoked
Oregon Supreme Court, February 10th, 2022
by: Rankin Johnson
EVIDENCE - Business-records hearsay exception
Oregon Court of Appeals, February 9th, 2022
by: Rankin Johnson
THEFT - Lending on security as selling
RIGHT TO COUNSEL - State agents
DEFENDANTS STATEMENTS - Compelling circumstances
RIGHT TO BAIL - Procedure to enforce
MENTAL STATES -
Oregon Court of Appeals, February 2nd, 2022
by: Rankin Johnson
SEARCH AND SEIZURE - Expansion of traffic stops
TRESPASSING - Elements
Oregon Court of Appeals, January 20th, 2022
by: Rankin Johnson
SENTENCING - Domestic violence reference in judgment
EXPUNCTION - Traffic offenses
EVIDENCE - Vouching
Oregon Court of Appeals, January 12th, 2022
by: Rankin Johnson
TRIAL PROCEDURE - Proceedings on remand
ONLINE SEXUAL CORRUPTION - Elements
SEARCH AND SEIZURE - Exploitation
TRIAL PROCEDURE - Lesser-included offenses
Oregon Court of Appeals, January 5th, 2022
by: Rankin Johnson
INTERFERENCE WITH MAKING A REPORT - Sufficiency
EVIDENCE - Business-records hearsay exception
EVIDENCE - Child-sexual-abuse hearsay exception
Oregon Supreme Court, December 30th, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Automobile exception
Oregon Court of Appeals, December 22nd, 2021
by: Rankin Johnson
TIME LIMITATIONS - Flight
RESTITUTION - Pecuniary damages
SEARCH AND SEIZURE - Conduct constituting a search
SEARCH AND SEIZURE - Scope of consent
Oregon Court of Appeals, December 15th, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Investigation connected to stop
JURY INSTRUCTIONS - Comments on evidence
Oregon Supreme Court, December 9th, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Coercive questioning
Oregon Court of Appeals, December 8th, 2021
by: Rankin Johnson
TRIAL PROCEDURE - Mistrial
EVIDENCE - Domestic-violence hearsay exception
APPEAL AND REVIEW - Plain error
SENTENCING - Departure based on unadjudicated conduct
SENTENCING - Restitution
Oregon Supreme Court, December 2nd, 2021
by: Rankin Johnson
HEARSAY AND CONFRONTATION - Proof of unavailability
Oregon Court of Appeals, December 1st, 2021
by: Rankin Johnson
SENTENCING - Sanction units
INEFFECTIVE ASSISTANCE OF COUNSEL - Defendant's competency
RIGHT TO JURY TRIAL - Waiver
INEFFECTIVE ASSISTANCE OF COUNSEL - Filing notice of appeal
RESTITUTION - Good cause to extend deadline
MENTAL HEALTH DEFENSES - Extreme emotional disturbance
Oregon Court of Appeals, November 24th, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Voluntariness
ASSAULT - Substantial pain
SEARCH AND SEIZURE - Stop and arrest
SENTENCING - Restitution
Oregon Court of Appeals, November 17th, 2021
by: Rankin Johnson
EVIDENCE - Consciousness of guilt
EVIDENCE - Other-bad-acts and plans
FINES, FEES, AND COSTS - Statutory maxima
TRIAL PROCEDURE - Waiver of preliminary hearing
Oregon Court of Appeals, November 3rd, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Probable cause
FALSE INFORMATION TO A PEACE OFFICER - Authority to issue citation
MERGER - Defense counsel's obligation
Oregon Court of Appeals, October 27th, 2021
by: Rankin Johnson
SENTENCING - Enhancement facts
SENTENCING - Special probation conditions
SENTENCING - Judge and jury findings
RIGHT TO COUNSEL - Admissibility of invocation
WITNESSES - Evidence of bias or interest
BURGLARY - Buildings
ANIMAL ABUSE - Sufficiency
Oregon Court of Appeals, October 20th, 2021
by: Rankin Johnson
WITNESSES - False-in-part instruction
CHILD NEGLECT - Sufficiency
EVIDENCE - Opinion evidence about reacting to accusation
SEARCH AND SEIZURE - Arrest pursuant to warrant
DELIVERY OF A CONTROLLED SUBSTANCE - Attempted delivery
CONFLICTS OF INTEREST - Judicial conflicts and recusal
Oregon Court of Appeals, October 13th, 2021
by: Rankin Johnson
PLEA AGREEMENTS - Enforceability
TRIAL PROCEDURE - Shackles and other restraints
DOUBLE JEOPARDY - Jeopardy created by civil proceedings
SEARCH AND SEIZURE - Inevitable discovery
PROBATION - Use of hearsay
UNLAWFUL USE OF A VEHICLE - Vehicles
SENTENCING - Restitution
SENTENCING - Life sentences for juveniles
THEFT - Mental state
Oregon Court of Appeals, October 6th, 2021
by: Rankin Johnson
APPELLATE PROCEDURE - Right for the wrong reason
APPELLATE PROCEDURE - Right for the wrong reason
EVIDENCE - Other bad acts
INADEQUATE ASSISTANCE OF COUNSEL - Prejudice
Oregon Supreme Court, September 30th, 2021
by: Rankin Johnson
SENTENCING - Post-prison supervision
DEATH PENALTY - Retroactivity
Oregon Court of Appeals, September 29th, 2021
by: Rankin Johnson
SENTENCING - Special probation conditions
SENTENCING - Special probation conditions
EVIDENCE - Facts outside the record
DEFENDANT'S STATEMENTS - Threats and voluntariness
SEARCH AND SEIZURE - U-turns
DELIVERY OF A CONTROLLED SUBSTANCE - Boyd deliveries
Oregon Court of Appeals, September 22nd, 2021
by: Rankin Johnson
SENTENCING - Special probation conditions
JUVENILE DELINQUENCY - Sex-offender reporting
EXPUNCTION - Findings of fact
SEARCH AND SEIZURE - Scope of traffic stop
COERCION - Sufficiency
POSSESSION - Constructive possession
Oregon Court of Appeals, September 15th, 2021
by: Rankin Johnson
POST-CONVICTION RELIEF - Statute-of-limitations escape clause
JOINDER, SEVERANCE, AND ELECTION - Substantial prejudice
EVIDENCE - Chain of custody
TRIAL PROCEDURE - Amended judgments
JOINDER, SEVERANCE, AND ELECTION - Concurrence instructions
CONTEMPT - Willfulness
EVIDENCE - Reputation for truthfulness
TRIAL PROCEDURE - Closing argument
Oregon Court of Appeals, September 8th, 2021
by: Rankin Johnson
SENTENCING - Enhanced sex-offender sentences
DEFENDANT'S STATEMENTS - Miranda warnings in translation
SEARCH AND SEIZURE - Scope of traffic stop
EVIDENCE - Vouching
SEARCH AND SEIZURE - Exigency
EVIDENCE - Expert and opinion testimony
DEFENDANT'S STATEMENTS - Statements in connection with disciplinary hearing
EXPUNGEMENT - Basis for denial
Oregon Court of Appeals, September 1st, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Particularity of search warrant application
SEARCH AND SEIZURE - Conduct constituting a stop
RIGHT TO COUNSEL - Waiver
SEARCH AND SEIZURE - Probable cause
SEARCH AND SEIZURE - Search incident to arrest
Oregon Court of Appeals, August 18th, 2021
by: Rankin Johnson
PRESERVATION - Invited error
CIVIL COMMITMENT - Sufficiency
PRESERVATION - Invited error
DUII - Premises open to the public
Oregon Court of Appeals, August 11th, 2021
by: Rankin Johnson
SUPERVISION - No-contact provisions
DEFENDANT'S STATEMENTS - Voluntariness
Oregon Court of Appeals, August 4th, 2021
by: Rankin Johnson
RESTITUTION - Time limitations
SENTENCING - Merger
CIVIL COMMITMENT - Record and burden of proof
Oregon Court of Appeals, July 28th, 2021
by: Rankin Johnson
SENTENCING - PSI
SENTENCING - Consecutive sentences
SEARCH AND SEIZURE - Refusal to take FSTs
CIVIL COMMITMENT - Record and burden of proof
Oregon Supreme Court, July 28th, 2021
by: Rankin Johnson
APPELLATE PROCEDURE - Proceedings on remand
Oregon Court of Appeals, July 21st, 2021
by: Rankin Johnson
FINES, FEES, AND COSTS - Ability to pay
UNLAWFUL USE OF A VEHICLE - Knowledge that car is stolen
DUII - Breath test procedure
Oregon Court of Appeals, July 14th, 2021
by: Rankin Johnson
BURGLARY - Building
SEARCH AND SEIZURE - Reasonable suspicion
PRELIMINARY HEARING - Consideration of defenses
SENTENCING - Restitution
APPEAL AND REVIEW - Preservation
INITIATING A FALSE REPORT - Elements
SEARCH AND SEIZURE - Reasonable grounds
EVIDENCE - Other-bad-acts
FAPA, STALKING, AND RESTRAINING ORDERS - Contact
Oregon Court of Appeals, July 8th, 2021
by: Rankin Johnson
TRAFFIC OFFENSES - Juvenile offenders
JURY UNANIMITY - Concurrence instructions
THEFT - Mens rea
DEFENSES - Choice of evils
SEARCH AND SEIZURE - Particularity of warrant for electronic data
TRESPASSING - Boundaries
SENTENCING - Compensatory fines
Oregon Court of Appeals, June 30th, 2021
by: Rankin Johnson
APPEALS - Post-opinion dismissal
SENTENCING - Consecutive sentences
BURGLARY - Dwelling
SEARCH AND SEIZURE - Reasonable suspicion
NATIVE AMERICAN LAW - Treaty defenses
POST-CONVICTION RELIEF - Church hearings
SEARCH AND SEIZURE - Officer safety
SENTENCING - Probation conditions
Oregon Supreme Court, June 24th, 2021
by: Rankin Johnson
POST-CONVICTION RELIEF - Effect of failure to appeal
Oregon Court of Appeals, June 23rd, 2021
by: Rankin Johnson
CIVIL COMMITMENT - Dangerousness
DEFENDANT'S STATEMENTS - Invocation
SENTENCING - Reviewability
SEARCH AND SEIZURE - Police conduct constituting seizure
DUII - FSTs
SENTENCING - Merger
Oregon Court of Appeals, June 16th, 2021
by: Rankin Johnson
RIGHT TO JURY TRIAL - Nonunanimous verdicts
DEFENSES - Choice of evils
EVIDENCE - 403 balancing
TRIAL PROCEDURE - Telephone testimony
Oregon Court of Appeals, June 9th, 2021
by: Rankin Johnson
SENTENCING - Fines, fees, and costs
EVIDENCE - Vouching
ENDANGERING THE WELFARE OF A MINOR - Sufficiency of the evidence
SENTENCING - Fines, fees, and costs
SENTENCING - Fines, fees, and costs
ATTEMPT TO ELUDE - Vehicles
EVIDENCE - 403 balancing
Oregon Court of Appeals, June 3rd, 2021
by: Rankin Johnson
ASSAULT - Mens rea
THEFT - Valuation
DUII - Predicate offenses
THEFT - Mens rea
RESTITUTION - Proof
Oregon Court of Appeals, May 26th, 2021
by: Rankin Johnson
ASSAULT - Injury
DUII - Implied consent
SEARCH AND SEIZURE - Scope of traffic stop
RESTITUTION - Proof
DRUG OFFENSES - Mere presence
DEFENDANT'S STATEMENTS - Statements made in connection with supervision
ASSAULT - Substantial pain
PRE-TRIAL PROCEEDINGS - Pre-trial motions
Oregon Supreme Court, May 20th, 2021
by: Rankin Johnson
POST-CONVICTION RELIEF - Ineffective assistance of appellate counsel
EVIDENCE - Impeachment
Oregon Court of Appeals, May 19th, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Conduct constituting search
SEARCH AND SEIZURE - Exigent circumstances
TRIAL PROCEDURE - Concurrence instructions
SEARCH AND SEIZURE - Probable cause
DEFENDANT'S STATEMENTS - Promises of lenience
THEFT - Value
EVIDENCE - Impeachment
DUII - Diversion procedure
RIGHT TO COUNSEL - Related offenses
Oregon Court of Appeals, May 12th, 2021
by: Rankin Johnson
DUII - Implied consent
FAPA, STALKING, AND RESTRAINING ORDERS - SAPO orders
SUPERVISION - Time to begin probation-violation proceedings
CLOSING ARGUMENT - Facts not in evidence
EVIDENCE - Other bad acts
RIGHT TO JURY TRIAL - Nonunanimous verdicts
Oregon Court of Appeals, May 5th, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Scope of traffic stop
SENTENCING - Attorney's fees
EVIDENCE - Victim's other-bad-acts
REFUSING TO OBEY A LAWFUL ORDER - Passive resistance
EVIDENCE - Authentication of social-media posts
SEARCH AND SEIZURE - Dealer plates
DEFENDANT'S STATEMENTS - Conduct constituting interrogation
Oregon Court of Appeals, April 28th, 2021
by: Rankin Johnson
RECKLESS ENDANGERMENT - Sufficiency
SEARCH AND SEIZURE - Smell of marijuana
SEARCH AND SEIZURE - Scope of consent
Oregon Court of Appeals, April 21st, 2021
by: Rankin Johnson
THEFT - Value
EVIDENCE - Grooming
EVIDENCE - Grooming
UNLAWFUL SEXUAL PENETRATION - Mens rea
MENS REA - Intoxication and knowledge
EVIDENCE - Prejudicial, confusing, or misleading evidence
Oregon Court of Appeals, April 14th, 2021
by: Rankin Johnson
SEARCH AND SEIZURE - Officer safety
SEARCH AND SEIZURE - Expansion of traffic stop