OCDLA Library of Defense - Case Reviews
- 2024 Case Summaries by Topic
- 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, December 18th, 2024
by: Rankin Johnson
UNLAWFUL USE OF A VEHICLE - Driver's license suspension
SEARCH AND SEIZURE - Permission to enter
DUII - Field Sobriety Tests
Oregon Court of Appeals, December 11th, 2024
by: Rankin Johnson
MENS REA - Extreme indifference
SEARCH AND SEIZURE - Scope of inquiry following stop
EVIDENCE - Authentication
FIREARM OFFENSES - Second Amendment challenges
DEFENDANT'S STATEMENTS - Voluntariness
FIREARM OFFENSES - Qualifying misdemeanors
EVIDENCE - Other bad acts
Oregon Court of Appeals, December 4th, 2024
by: Rankin Johnson
DISCOVERY - Lost evidence
RIGHT TO COUNSEL - Suppression following violation
JURY INSTRUCTIONS - Witness-false-in-part instruction
WAIVERS - Intoxication and voluntariness
INADEQUATE ASSISTANCE OF COUNSEL - Burden of proof
EVIDENCE - Relevance
Oregon Court of Appeals, November 27th, 2024
by: Rankin Johnson
SENTENCING - Restitution
JOINDER, SEVERANCE, AND ELECTION - Related offenses.
Oregon Court of Appeals, November 20th, 2024
by: Rankin Johnson
CLOSING ARGUMENT - Burden shifting by state
SEARCH AND SEIZURE - Probable cause
Oregon Court of Appeals, November 14th, 2024
by: Rankin Johnson
THEFT - Mens rea
RIGHT TO COUNSEL - Waiver
STALKING AND FAPA ORDERS - Mens rea
SENTENCING - Overlap between departure factor and elements
Oregon Supreme Court, November 7th, 2024
by: Rankin Johnson
SUBPOENAS - Domestic violence services privilege
APPEAL AND REVIEW - Plain Error
Oregon Court of Appeals, November 6th, 2024
by: Rankin Johnson
UNLAWFUL USE OF A WEAPON - Mens rea
CLOSING ARGUMENT - Objections
EVIDENCE - Video recordings
FINES, FEES, AND COSTS - Ability to pay
SEARCH AND SEIZURE - Computer searches
SEARCH AND SEIZURE - Particularity
Oregon Supreme Court, October 31st, 2024
by: Rankin Johnson
WAIVERS - Voluntariness and intoxication
Oregon Court of Appeals, October 30th, 2024
by: Rankin Johnson
SEARCH AND SEIZURE - Administrative searches
EVIDENCE - Other bad acts
DUII - FSTs as scientific evidence
TRIAL PROCEEDINGS - Deadlocked jury
EVIDENCE - Vouching
RIGHT TO COUNSEL - Waiver
Oregon Supreme Court, October 24th, 2024
by: Rankin Johnson
FIREARMS - Offenses carrying firearm prohibition
Oregon Court of Appeals, October 23rd, 2024
by: Rankin Johnson
TRIAL PROCEEDINGS - Request for continuance
UNLAWFUL USE OF A VEHICLE - Mens rea
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SEARCH AND SEIZURE - Consent
Oregon Court of Appeals, October 9th, 2024
by: Rankin Johnson
DUII - Refusal to submit to a breath test
JOINDER, SEVERANCE, AND ELECTION - Sufficient allegations
DISORDERLY CONDUCT - Obstructing traffic
EVIDENCE - Vouching
Oregon Court of Appeals, September 25th, 2024
by: Rankin Johnson
RIGHT TO COUNSEL - Reviewability
JUDGMENTS - Oral pronouncements
EXTREMELY-DANGEROUS-PERSON PROCEEDINGS - Nature of proceeding
TRIAL PROCEEDINGS - Motions to dismiss
Oregon Court of Appeals, September 18th, 2024
by: Rankin Johnson
DEFENDANT'S STATEMENTS - Compelling circumstances
Oregon Court of Appeals, September 4th, 2024
by: Rankin Johnson
STALKING/VRO/FAPA - Number of contacts
INCHOATE CRIMES - Accomplice witnesses
EVIDENCE - OEC 403 balancing
Oregon Court of Appeals, August 28th, 2024
by: Rankin Johnson
POST-CONVICTION RELIEF - Amending petition
TAMPERING WITH EVIDENCE - Elements
EVIDENCE - Vouching
WITNESSES - False-in-part instruction
JUVENILE DELINQUENCY - Remand and jurisdiction
PROBATION - Burden of proof
SENTENCING - Plea agreements
Oregon Court of Appeals, August 21st, 2024
by: Rankin Johnson
THEFT - Theft comparison
FREE SPEECH AND EXPRESSION - Telephonic harassment
DEFENSES - Right to instruction
SEX OFFENDER REGISTRATION - Risk of reoffense
Oregon Court of Appeals, August 14th, 2024
by: Rankin Johnson
SHACKLING - Prejudice
HEARSAY AND CONFRONTATION - Statements against interest
TRIAL PROCEDURE - Jury instructions
Oregon Court of Appeals, July 31st, 2024
by: Rankin Johnson
SEARCH AND SEIZURE - Nexus between facts and search location
HEARSAY AND CONFRONTATION - Business records
INFERENCES - Threatened violence
SEARCH AND SEIZURE - Exploitation
FAPA AND RESTRAINING ORDERS - Procedural requirements
SEARCH AND SEIZURE - Officer safety
SENTENCING - Reviewability
CLOSING ARGUMENT - Improper argument by prosecutor
Oregon Court of Appeals, July 17th, 2024
by: Rankin Johnson
INCHOATE CRIMES - Jury instructions
SENTENCING - Allocution
SEX OFFENDER REGISTRATION - Date
Oregon Court of Appeals, July 10th, 2024
by: Rankin Johnson
INFERENCES -
SEARCH AND SEIZURE - Inventory
MENTAL HEALTH DEFENSES - GEI
SEX OFFENDER REGISTRATION - Classification
Oregon Court of Appeals, July 3rd, 2024
by: Rankin Johnson
SENTENCING - Restitution
SENTENCING - Double-counting departure factors
Oregon Court of Appeals, June 26th, 2024
by: Rankin Johnson
CHARGING DOCUMENTS - Sufficiency
DEFENDANT'S TESTIMONY - Impeachment
SENTENCING - Consecutive sentences
SEX OFFENDER REGISTRATION -
SEARCH AND SEIZURE - License plate covers
DEFENDANT'S STATEMENTS - Compelling circumstances
Oregon Court of Appeals, June 20th, 2024
by: Rankin Johnson
CONTROLLED SUBSTANCE OFFENSES - Frequenting
Oregon Supreme Court, June 13th, 2024
by: Rankin Johnson
MENTAL HEALTH DEFENSES - Qualifying disorders
RIGHT TO COUNSEL - Review of discretionary ruling
Oregon Court of Appeals, June 12th, 2024
by: Rankin Johnson
FINES, FEES, AND COSTS - Fees not imposed at sentencing
SENTENCING - Mandatory minima
Oregon Court of Appeals, June 5th, 2024
by: Rankin Johnson
EXPUNGEMENT - Marijuana-offense
MENTAL HEALTH DEFENSES - DNA samples and fingerprints
RESTITUTION - Reasonableness of costs
SEARCH AND SEIZURE - Probable cause
Oregon Court of Appeals, May 29th, 2024
by: Rankin Johnson
VOUCHING - Plain error
JURY SELECTION - Basis for mistrial
ASSAULT - Aided by another person actually present
Oregon Supreme Court, May 16th, 2024
by: Rankin Johnson
APPEAL AND REVIEW - Preservation
APPEAL AND REVIEW - Preservation
Oregon Court of Appeals, May 15th, 2024
by: Rankin Johnson
RIGHT TO COUNSEL - Self-representation
ASSAULT - Dangerous weapons
WITNESS TAMPERING - Elements
WITNESS TAMPERING - Elements
Oregon Court of Appeals, May 8th, 2024
by: Rankin Johnson
MENS REA - Mental states and specific elements
DEFENSES - Elements of self-defense
Oregon Court of Appeals, April 24th, 2024
by: Rankin Johnson
CIVIL COMPROMISE - Elements
DEFENSES - Self-defense
DUII - FSTs as scientific evidence
RIGHT TO DUE PROCESS - Procedural due process
KIDNAPPING - Sufficiency
RIGHT TO COUNSEL - Burden of proof regarding prejudice
Oregon Court of Appeals, April 17th, 2024
by: Rankin Johnson
MOTIONS FOR JUDGMENT OF ACQUITTAL - Inferences
CLOSING ARGUMENT - Improper argument by prosecutor
CLOSING ARGUMENT - Improper argument by prosecutor
APPEAL AND REVIEW - New trial motions
SEARCH AND SEIZURE - Scope of inquiry following stop
SENTENCING - Eligibility for alternative programs
CLOSING ARGUMENT - Improper argument by prosecutor
Oregon Court of Appeals, April 3rd, 2024
by: Rankin Johnson
EVIDENCE - Authentication
POST-CONVICTION RELIEF - Right to post-conviction counsel
MENS REA - Mental states and specific elements
Oregon Court of Appeals, March 27th, 2024
by: Rankin Johnson
SENTENCING - Allocution
INEFFECTIVE ASSISTANCE OF COUNSEL - Prejudice
MENS REA - Mental states and specific elements
DEFENSES - Choice of evils
Oregon Court of Appeals, March 13th, 2024
by: Rankin Johnson
CIVIL COMPROMISE - Judicial discretion
SENTENCING - Consecutive sentences
FITNESS FOR TRIAL - Procedural requirements
Oregon Court of Appeals, March 6th, 2024
by: Rankin Johnson
EVIDENCE - Relevance
KIDNAPPING - Asportation
Oregon Court of Appeals, February 28th, 2024
by: Rankin Johnson
JURY UNANIMITY - Remedy
EVIDENCE - Character evidence
SEARCH AND SEIZURE - Scope of inquiry following stop
MEASURE 11 - Juvenile or adult disposition
CHARGING DOCUMENTS - Identity of victim
EVIDENCE - Authentication
RAPE SHIELD - Constitutionally requires to be admitted
-
Oregon Court of Appeals, February 22nd, 2024
by: Rankin Johnson
THEFT OFFENSES - Theft of services
BURGLARY - License to enter
RIGHT TO COUNSEL - Waiver
Oregon Court of Appeals, February 14th, 2024
by: Rankin Johnson
HEARSAY AND CONFRONTATION - Forensic reports
FIREARM OFFENSES - Defenses for firearm offenses
DUII - Miles instruction
TRIAL PROCEEDINGS - Continuances
CLOSING ARGUMENT - Improper argument by prosecutor
DESTRUCTION OF EVIDENCE - Remedy
SENTENCING - Restitution
Oregon Court of Appeals, February 7th, 2024
by: Rankin Johnson
CORPUS DELICTI RULE - Corroboration
SENTENCING - Merger
HINDERING PROSECUTION - Use of force
Oregon Supreme Court, February 1st, 2024
by: Rankin Johnson
PLEA AGREEMENTS - Withdrawal of plea offer
Oregon Court of Appeals, January 31st, 2024
by: Rankin Johnson
POST-CONVICTION RELIEF - Statute of limitations
APPEAL AND REVIEW - Late appeals
Oregon Court of Appeals, January 24th, 2024
by: Rankin Johnson
DUII - Field Sobriety Tests
RIGHT TO JURY - Nonunanimous verdicts
JURY TRIALS - Juror prejudice
Oregon Court of Appeals, January 10th, 2024
by: Rankin Johnson
SEARCH AND SEIZURE - Failure to display a license plate
EVIDENCE - Polygraphs
Oregon Court of Appeals, January 4th, 2024
by: Rankin Johnson
MERGER - Domestic violence allegations
SENTENCING - Proportionality
Oregon Court of Appeals, December 28th, 2023
by: Rankin Johnson
STALKING AND PROTECTIVE ORDERS - Willfulness
SEARCH AND SEIZURE - Scope of inquiry following stop
EVIDENCE - Vouching
KIDNAPPING - Elements
MERGER -
Oregon Supreme Court, December 21st, 2023
by: Rankin Johnson
DANGEROUS OFFENDER SENTENCES - Procedural requirements
SEARCH AND SEIZURE - Administrative seizures
Oregon Court of Appeals, December 13th, 2023
by: Rankin Johnson
DEFENDANT'S STATEMENTS - Interrogation
SEARCH AND SEIZURE - Privacy interest
Oregon Court of Appeals, December 6th, 2023
by: Rankin Johnson
SENTENCING - Proceedings on remand
SENTENCING - Proportionality
Oregon Court of Appeals, November 29th, 2023
by: Rankin Johnson
FREE SPEECH AND EXPRESSION - Conduct during expressive activity
RESTITUTION - Sex abuse evaluations
Oregon Court of Appeals, November 8th, 2023
by: Rankin Johnson
PROBATION CONDITIONS - Polygraphs as probation condition
RECKLESS DRIVING - Sufficiency
FAILURE TO PERFORM THE DUTIES OF A DRIVER - Premises open to the public
SEX OFFENDER NOTIFICATION - Offense-free time
SEX OFFENDER NOTIFICATION -
Oregon Court of Appeals, October 25th, 2023
by: Rankin Johnson
JUVENILE DELINQUENCY - Burden of proof
CIVIL COMMITMENT - Firearm limitations
SEARCH AND SEIZURE - Conduct constituting a stop
Oregon Supreme Court, October 19th, 2023
by: Rankin Johnson
DEFENDANT'S STATEMENTS - Compelling circumstances
Oregon Court of Appeals, October 18th, 2023
by: Rankin Johnson
RESTITUTION - Reasonableness of bills
SEARCH AND SEIZURE - Records checks
RESTITUTION - Reasonableness of costs
CLOSING ARGUMENT - Burden shifting by state
DUII - Diversion
Oregon Supreme Court, October 12th, 2023
by: Rankin Johnson
POST-CONVICTION RELIEF - Time limitations
Oregon Supreme Court, October 5th, 2023
by: Rankin Johnson
DELIVERY OF A CONTROLLED SUBSTANCE - Attempted delivery
Oregon Court of Appeals, October 4th, 2023
by: Rankin Johnson
HEARSAY AND CONFRONTATION - Statements to Liberty House
POST-CONVICTION RELIEF - Time limitations
Oregon Court of Appeals, September 27th, 2023
by: Rankin Johnson
SEARCH AND SEIZURE - Exigency
STALKING AND FAPA ORDERS -
EVIDENCE - Child hearsay notice
SEARCH AND SEIZURE - Weapon offenses
Oregon Court of Appeals, September 20th, 2023
by: Rankin Johnson
PRESERVATION - Waiver
APPELLATE PROCEDURE - Proceedings on remand
SENTENCING - Sentencing credits
DOUBLE JEOPARDY - Retrials
Oregon Court of Appeals, September 13th, 2023
by: Rankin Johnson
USING A CHILD IN A SEXUALLY EXPLICIT DISPLAY - Lewd images
PLEA AGREEMENTS - Agreement not to seek review
POST-CONVICTION RELIEF - Actual innocence
JURY UNANIMITY - Voluntariness
JURY TRIALS - Juror questions
SEARCH AND SEIZURE - Privacy interest
Oregon Court of Appeals, September 6th, 2023
by: Rankin Johnson
PROBATION - Polygraphs as probation condition
RESTITUTION - Reasonableness of bills
Oregon Court of Appeals, August 30th, 2023
by: Rankin Johnson
INEFFECTIVE ASSISTANCE OF COUNSEL - Mitigation
EVIDENCE - Vouching
DUII - Statutory counterparts
Oregon Court of Appeals, August 23rd, 2023
by: Rankin Johnson
SEARCH AND SEIZURE - Warrants and electronic data
INEFFECTIVE ASSISTANCE OF COUNSEL - Prejudice
DEFENSES - Self-defense
CIVIL COMMITMENT - Procedural requirements
Oregon Court of Appeals, August 16th, 2023
by: Rankin Johnson
SEARCH WARRANTS - Warrants and electronic data
Oregon Court of Appeals, August 9th, 2023
by: Rankin Johnson
RIGHT TO COUNSEL - Immigration advice
CLOSING ARGUMENT - Comment on right to trial
RESTITUTION - Preservation
CLOSING ARGUMENT - Limitations on review
DISORDERLY CONDUCT - Sufficiency of evidence
DUII - Miles instruction
Oregon Court of Appeals, July 26th, 2023
by: Rankin Johnson
MENTAL STATES - Mental states and classes of elements
Oregon Court of Appeals, July 19th, 2023
by: Rankin Johnson
DUII - Sentencing
EVIDENCE - Other bad acts
Oregon Court of Appeals, July 12th, 2023
by: Rankin Johnson
SENTENCING - REPO
APPELLATE PROCEDURE - Costs on appeal
STALKING AND PROTECTIVE ORDERS - FAPA order renewal
DISORDERLY CONDUCT - Impeding traffic
Oregon Court of Appeals, July 6th, 2023
by: Rankin Johnson
SEARCH AND SEIZURE - Failure to maintain a lane
TRIAL PROCEEDINGS - COVID precautions
JURY UNANIMITY - Burden of proof
Oregon Court of Appeals, June 28th, 2023
by: Rankin Johnson
SENTENCING - Proportionality
WITNESSES - Competency
RESTITUTION - Awardable expenses
Oregon Court of Appeals, June 22nd, 2023
by: Rankin Johnson
CLOSING ARGUMENT - Burden shifting by state
DISCOVERY - Sanctions for violations
Oregon Court of Appeals, June 14th, 2023
by: Rankin Johnson
PRIVATE INDECENCY - Expectation of privacy
EVIDENCE - Other bad acts
SEARCH AND SEIZURE - Emergency-aid exception
SEX CRIMES - Sexual intent
FIREARMS - Harassment and firearm prohibition
KIDNAPPING - Asportation
EVIDENCE - Other bad acts
Oregon Court of Appeals, June 7th, 2023
by: Rankin Johnson
FIREARM OFFENSES - Second Amendment rights
PHYSICAL INJURY - Serious physical injury
DISCOVERY - Brady material
POST-CONVICTION RELIEF - Ineffectiveness and changing law
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
-
THEFT OFFENSES - Value of stolen property
THEFT OFFENSES - Value of stolen property
-
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
FORFEITURE - Double Jeopardy
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
-
-
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
-
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
WAIVER - Waiver tainted by earlier violation
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