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OCDLA Library of Defense - Latest Case Reviews

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Oregon Supreme Court, June 1st, 2023

by: Rankin Johnson

BURGLARY - Separate units

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Oregon Court of Appeals, May 24th, 2023

by: Rankin Johnson

MENS REA - Mental states and classes of elements

USING A CHILD IN A SEXUALLY EXPLICIT DISPLAY - Relation to other sex offenses

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Oregon Court of Appeals, May 17th, 2023

by: Rankin Johnson

DEFENSES - Choice of evils

JURISDICTION - Territorial jurisdiction

CLOSING ARGUMENT - Burden shifting by state

JOINDER, SEVERANCE, AND ELECTION - Bases for joinder

SEARCH AND SEIZURE - Reasonable suspicion

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Oregon Court of Appeals, May 3rd, 2023

by: Rankin Johnson

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THEFT OFFENSES - Value of stolen property

SEARCH AND SEIZURE - Scope of inquiry following stop

THEFT OFFENSES - Value of stolen property

ABUSE OF A CORPSE - Construction

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Oregon Court of Appeals, April 26th, 2023

by: Rankin Johnson

UNLAWFUL USE OF A WEAPON - Sufficiency

TRIAL PROCEDURE - Disqualification of judges

LITTERING OFFENSES - Discarding Trash Near Waters

JURY INSTRUCTIONS - Plain error review

RIGHT TO COUNSEL - State habeas

PROBATION CONDITIONS - Announcing in open court

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Oregon Court of Appeals, April 19th, 2023

by: Rankin Johnson

STATUTORY CONSTRUCTION - Private indecency

APPEAL AND REVIEW - Harmlessness

CLOSING ARGUMENT - Improper argument by prosecutor

MENS REA - Mental states and classes of elements

INADEQUATE ASSISTANCE OF COUNSEL - Changes in law

PROBATION AND OTHER SUPERVISION - Electronic use

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Oregon Court of Appeals, April 12th, 2023

by: Rankin Johnson

HARASSMENT - Elements

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Oregon Supreme Court, April 6th, 2023

by: Rankin Johnson

APPELLATE PROCEDURE - Dismissal by appellant

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Oregon Court of Appeals, April 5th, 2023

by: Rankin Johnson

EVIDENCE - Scientific and expert evidence

SEARCH AND SEIZURE - Unsignaled lane change

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Oregon Court of Appeals, March 29th, 2023

by: Rankin Johnson

SELF-INCRIMINATION - Polygraphs

TRIAL PROCEEDINGS - Restraints for defendant

EVIDENCE - Propensity evidence

EVIDENCE - Vouching

FIREARM OFFENSES - Carrying a Concealed Weapon

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Oregon Court of Appeals, March 22nd, 2023

by: Rankin Johnson

RIGHT TO CONFRONTATION - Release agreements

MENS REA - Mental states and classes of elements

CONTROLLED SUBSTANCE OFFENSES - Merger

SEARCH AND SEIZURE - State action

USING A CHILD IN A SEXUALLY EXPLICIT DISPLAY - Sufficiency

SEARCH AND SEIZURE - Consent and acquiescence

APPEAL AND REVIEW - Mootness

DESTRUCTION OF EVIDENCE - Remedy

SENTENCING - Restitution

SEARCH AND SEIZURE - Warrants and electronic data

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Oregon Court of Appeals, March 15th, 2023

by: Rankin Johnson

SEARCH AND SEIZURE - Attenuation

SEARCH AND SEIZURE - Conduct constituting a stop

PLEA AGREEMENTS - Reviewability

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Oregon Court of Appeals, March 8th, 2023

by: Rankin Johnson

SEARCH AND SEIZURE - Exploitation

JURY TRIALS - Jury selection

SEARCH AND SEIZURE - Reasonable suspicion

MENS REA - Transferred intent

CIVIL COMPROMISE - Eligible offenses

DEFENSES - Self-defense

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Oregon Court of Appeals, February 22nd, 2023

by: Rankin Johnson

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INTERFERING WITH A PEACE OFFICER - Lawful Order

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Oregon Court of Appeals, February 15th, 2023

by: Rankin Johnson

EVIDENCE - Relevance

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Oregon Court of Appeals, February 8th, 2023

by: Rankin Johnson

DOUBLE JEOPARDY - Separate criminal episodes

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EVIDENCE - Foundation

SENTENCING - Separate criminal episodes

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Oregon Court of Appeals, February 1st, 2023

by: Rankin Johnson

MENTAL STATES - Elements and mental states.

RESTITUTION - Price and market rate

MENTAL STATES - Use of intoxicants

EVIDENCE - Public records hearsay exception

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Oregon Court of Appeals, January 25th, 2023

by: Rankin Johnson

HABEAS CORPUS - Conditions of confinement

FAPA, STALKING, AND RESTRAINING ORDERS - Expressive conduct and threats

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Oregon Supreme Court, January 19th, 2023

by: Rankin Johnson

RIGHT TO COUNSEL - Related offenses

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Oregon Court of Appeals, January 11th, 2023

by: Rankin Johnson

DEFENDANT - Invocation

EVIDENCE - Opinion evidence

MENTAL HEALTH DEFENSES - Disqualifying disorders

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Oregon Court of Appeals, January 5th, 2023

by: Rankin Johnson

EVIDENCE - Other bad acts

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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

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Oregon Court of Appeals, December 29th, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Interest in property

PRESERVATION - MJOA

INDIAN LAW - Conservation necessity

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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

FIREARMS - Mental illness

STALKING AND FAPA ORDERS - Temporary orders

DESTRUCTION OF EVIDENCE - Burden of proof

RIGHT TO JURY TRIAL - Finality

SEARCH AND SEIZURE - Search incident to arrest

SEARCH AND SEIZURE - Particularity of Search Warrants

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Oregon Court of Appeals, December 7th, 2022

by: Rankin Johnson

MARIJUANA REGULATION - Hemp

HUNTING, FISHING, AND WILDLIFE OFFENSES - Commercial fishing regulation

EVIDENCE - Body-camera recordings

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PROBATION AND OTHER SUPERVISION - Tolling and termination

SENTENCING - Restitution

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Oregon Supreme Court, December 1st, 2022

by: Rankin Johnson

DUII - Diversion

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Oregon Court of Appeals, November 30th, 2022

by: Rankin Johnson

RECKLESS ENDANGERMENT - Sufficiency

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Oregon Court of Appeals, November 23rd, 2022

by: Rankin Johnson

PAROLE - Murder-review hearings

CONTEMPT - Mens rea

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Oregon Court of Appeals, November 16th, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Conduct constituting a stop

SEARCH AND SEIZURE - Conduct constituting a stop

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