OCDLA Library of Defense - Latest Case Reviews
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Oregon Court of Appeals, September 28th, 2022by: Rankin Johnson DEFENDANTS STATEMENTS - Compelling circumstances EVIDENCE - Eyewitness identification JUVENILE DELINQUENCY - Confidentiality EVIDENCE - Motive to lie Oregon Court of Appeals, September 21st, 2022by: Rankin Johnson PROBATION AND OTHER SUPERVISION - Drug court Oregon Court of Appeals, September 14th, 2022by: Rankin Johnson CONSENT - Ability to consent FITNESS FOR TRIAL - Time in the state hospital MENS REA - Mental states and classes of elements Oregon Court of Appeals, September 8th, 2022by: Rankin Johnson EVIDENCE - Chain of custody INDIAN LAW - Hunting and fishing regulations SEARCH AND SEIZURE - Inevitable discovery SENTENCING - Departure factors EVIDENCE - Expert testimony Oregon Court of Appeals, August 31st, 2022by: Rankin Johnson DISCOVERY - Sanctions for violations THEFT OFFENSES - Sufficiency Oregon Court of Appeals, August 24th, 2022by: Rankin Johnson RIGHT TO COUNSEL - Right to substitute counsel Oregon Supreme Court, August 11th, 2022by: Rankin Johnson RIGHT TO JURY - Trial on animal forfeiture Oregon Court of Appeals, August 10th, 2022by: Rankin Johnson DUII - Refusal and consent MENS REA - Risk of physical injury. FAPA, STALKING, AND RESTRAINING ORDERS - Settlement agreements EVIDENCE - Chain of custody EXECUTIVE CLEMENCY - Governor's power to grant Oregon Supreme Court, August 4th, 2022by: Rankin Johnson MENS REA - Mental states and classes of elements Oregon Court of Appeals, August 3rd, 2022by: Rankin Johnson WITNESSES - Subpoenas SEARCH AND SEIZURE - Scope of stop Oregon Court of Appeals, July 20th, 2022by: Rankin Johnson EVIDENCE - Relevance EVIDENCE - Vouching DUII - Felony DUII Oregon Court of Appeals, July 13th, 2022by: Rankin Johnson POST-CONVICTION RELIEF - Hearing on petition - SENTENCING - Merger RIGHT TO JURY TRIAL - Exclusion of ethnic minorities from jury Oregon Court of Appeals, June 29th, 2022by: Rankin Johnson MENS REA - Physical injury SENTENCING - Proportionality JURY INSTRUCTIONS - Less-satisfactory-evidence Oregon Court of Appeals, June 15th, 2022by: Rankin Johnson EVIDENCE - Relevance DELIVERY OF A CONTROLLED SUBSTANCE - Boyd deliveries SENTENCING - Restitution SEARCH AND SEIZURE - Exigency DEFENDANT - Confessions and admissions Oregon Court of Appeals, June 8th, 2022by: Rankin Johnson POST-CONVICTION RELIEF - Time limitations ACCUSATORY INSTRUMENTS - Pretrial dismissal of lesser-included offenses JURY UNANIMITY - Boots instructions EVIDENCE - Speculation SEARCH AND SEIZURE - Reasonable suspicion INTERCEPTION OF COMMUNICATIONS - Law Enforcement Officers SEX CRIMES - Lesser included offenses SEARCH AND SEIZURE - Arrest PROBATION AND OTHER SUPERVISION - Contact PRESERVATION - Legal and factual arguments Oregon Court of Appeals, June 2nd, 2022by: Rankin Johnson SEARCH AND SEIZURE - Reasonable suspicion JUVENILE DELINQUENCY - Waiver into adult court SEARCH AND SEIZURE - Mere presence EVIDENCE - Hearsay SEARCH AND SEIZURE - Field sobriety tests Oregon Court of Appeals, May 25th, 2022by: Rankin Johnson SIMULATING LEGAL PROCESS - Elements RIGHT TO COUNSEL - Waiver and forfeiture EVIDENCE - Other bad acts EVIDENCE - Other bad acts CRIMINAL MISCHIEF - Value SENTENCING - Repeat property offenders PROBATION - Revocation Oregon Court of Appeals, May 18th, 2022by: Rankin Johnson BURGLARY - Building WITNESSES - False-in-part instruction WITNESSES - Impeachment SEX CRIMES - Merger POST-CONVICTION RELIEF - Burden of proof FAILURE TO APPEAR - Release agreements MENS REA - Intoxicants RIGHT TO COUNSEL - Waiver INEFFECTIVE ASSISTANCE OF COUNSEL - Tactical choices RIGHT TO JURY TRIAL - Unanimity Oregon Supreme Court, May 12th, 2022by: Rankin Johnson SENTENCING - Consecutive probation-violation sentences Oregon Court of Appeals, May 11th, 2022by: Rankin Johnson SENTENCING - Probation-revocation sentences SENTENCING - Dangerous offenders INEFFECTIVE ASSISTANCE OF COUNSEL - Futile motions SEARCH AND SEIZURE - Stops Oregon Court of Appeals, April 27th, 2022by: Rankin Johnson SEARCH AND SEIZURE - Search warrants EVIDENCE - Vouching EVIDENCE - Expert testimony INTIMIDATION - Free-speech guarantees EVIDENCE - Other bad acts FAILURE TO YIELD - Elements SENTENCING - Merger Oregon Court of Appeals, April 20th, 2022by: Rankin Johnson ASSAULT - Serious physical injury EVIDENCE - Hearsay TIME LIMITATIONS - Changes to statute of limitations IDENTITY THEFT - Uttering STRANGULATION - Mens rea EVIDENCE - 403 balancing - Oregon Court of Appeals, April 13th, 2022by: Rankin Johnson SEARCH AND SEIZURE - Search incident to arrest SEX CRIMES - Forcible compulsion SEARCH AND SEIZURE - Automobile exception _________________________ |
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