OCDLA Library of Defense - Latest Case Reviews

Blog How to Keep Out The Forensic Interview by: Ryan Scott • May 21, 2025 • no comments For the past couple of years, I have encouraged a variety of arguments for keeping out the forensic interview in child sex cases. Not a lot of appellate success so far. Right now, though, I want to focus on excluding it under OEC 403. I've made the argument a couple of times myself, I've written an appellate brief on the issue, I've read other appellate briefs on the issue, and I've read trial transcripts where the arguments were raised. Here is a step-by-step process for what I think is the best way to maximize your chances of either keeping out the interview or winning on appeal. → continue reading... Failure to Register Argument by: Ryan Scott • May 20, 2025 • no comments Assume a car is pulled over for a traffic stop on August 1st. It turns out the driver was supposed to register as a sex offender on January 1st, but he had not. When taking him into custody, the police find a baggie of cocaine. He is subsequently charged with both crimes in a single indictment. I previously wrote a blog post -- and a demurrer, available upon request -- arguing that the indictment should be dismissed because the counts are improperly joined. The "failure to register" did not occur during the traffic stop. It occurred seven months earlier. For that reason, the two crimes are not from the same criminal episode. The two crimes are not part of a common scheme or plan. They are not same or similar. Because the improper joinder is plain on the face of the indictment and regardless of any joinder language in the indictment, the proper vehicle is a demurrer, and the proper remedy dismissal. But that's not why I'm writing this post. Rather, this post is based on the news that the Oregon Supreme Court has granted review to a case with the following issues: (1) Whether time is a material element of the crime of failing to report as a sex offender. (2) Whether the state may satisfy its burden of proving that a crime occurred on the date pleaded in an indictment by providing evidence that the crime occurred at an earlier date than that pleaded in the indictment. The Court of Appeals' opinion is State of Oregon v. Edwardo Luis Ribas, 333 Or App 789, 554 P3d 280 (2024) (A178917) (S071443) (on review from the Linn County Circuit Court) Technically, not the same legal issues as the demurrer described above, but the two are highly interrelated. Are police inventory policies unconstitutional? by: Ryan Scott • May 20, 2025 • no comments The Supreme Court recently took review of a case where the question presented is: Whether, for the purposes of inventorying property in lawful policy custody, Article I, section 9, of the Oregon Constitution allows police officers to open and search inside a closed container? The Court of Appeals opinion the higher court is reviewing is State of Oregon v. Jason Thomas Wilcox, 335 Or App 743, 560 P3d 91 (2024) (A175891) (S071582) (on review from the Washington County Circuit Court) Next 20 Articles Case Reviews Oregon Court of Appeals, May 21st, 2025 by: Rankin Johnson MOTIONS FOR JUDGMENT OF ACQUITTAL - Finality SENTENCING - Compensatory fine MENS REA - Sufficiency → read the full summaries... Oregon Court of Appeals, May 14th, 2025 by: Rankin Johnson SUFFICIENCY OF EVIDENCE - Recanting victim EVIDENCE - Other bad acts SEARCH WARRANTS - Specificity EVIDENCE - Evidence outside the record SENTENCING - Merger → read the full summaries... Oregon Court of Appeals, May 7th, 2025 by: Rankin Johnson CLOSING ARGUMENT - Improper argument by prosecutor DEFENDANT'S STATEMENTS - Belated Miranda warnings HEARSAY AND CONFRONTATION - Sex-abuse hearsay exception CLOSING ARGUMENT - Improper argument by prosecutor MUNICIPAL AND JUSTICE COURTS - Appeal → read the full summaries... Oregon Supreme Court, May 1st, 2025 by: Rankin Johnson DEFENDANT'S STATEMENTS - Uncharged offenses CLOSING ARGUMENT - Improper argument by prosecutor → read the full summaries... _________________________

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