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OCDLA Library of Defense - Latest Case Reviews

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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

SEARCH AND SEIZURE - Conduct constituting a stop

EVIDENCE - Other bad acts

DEFENDANT - Improper inducement

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Oregon Supreme Court, November 10th, 2022

by: Rankin Johnson

SPEEDY TRIAL - Prejudice

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Oregon Court of Appeals, November 2nd, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Probable cause

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Oregon Court of Appeals, October 26th, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Conduct constituting a stop

CONSENT - Physical helplessness

EVIDENCE - Hearsay

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Oregon Supreme Court, October 20th, 2022

by: Rankin Johnson

CLOSING ARGUMENT - Improper argument by prosecutor

FIREARMS - Defenses for firearm offenses

DUII - Implied consent

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Oregon Court of Appeals, October 19th, 2022

by: Rankin Johnson

PROBATION VIOLATIONS - Admissions

SENTENCING - Maximum at resentencing

TRIAL PROCEDURE - Right to participate

INADEQUATE ASSISTANCE OF COUNSEL - Mitigation

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Oregon Supreme Court, October 13th, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Exigency

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Oregon Court of Appeals, October 12th, 2022

by: Rankin Johnson

PLEA AGREEMENTS - Deferred sentencing agreements

DUII - Diversion

MENS REA - Mental states and specific elements

MENS REA - Mental states and classes of elements

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Oregon Supreme Court, October 6th, 2022

by: Rankin Johnson

POST-CONVICTION RELIEF - Delay caused by flight

MENS REA - Value of stolen property

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Oregon Court of Appeals, October 5th, 2022

by: Rankin Johnson

SENTENCING - Earned discharge

SENTENCING - Merger

MENS REA - Extreme Indifference

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Oregon Court of Appeals, September 28th, 2022

by: Rankin Johnson

DEFENDANTS STATEMENTS - Compelling circumstances

EVIDENCE - Eyewitness identification

JUVENILE DELINQUENCY - Confidentiality

EVIDENCE - Motive to lie

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Oregon Court of Appeals, September 21st, 2022

by: Rankin Johnson

PROBATION AND OTHER SUPERVISION - Drug court

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Oregon Court of Appeals, September 14th, 2022

by: Rankin Johnson

CONSENT - Ability to consent

FITNESS FOR TRIAL - Time in the state hospital

MENS REA - Mental states and classes of elements

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Oregon Court of Appeals, September 8th, 2022

by: Rankin Johnson

EVIDENCE - Chain of custody

INDIAN LAW - Hunting and fishing regulations

SEARCH AND SEIZURE - Inevitable discovery

SENTENCING - Departure factors

EVIDENCE - Expert testimony

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Oregon Court of Appeals, August 31st, 2022

by: Rankin Johnson

DISCOVERY - Sanctions for violations

THEFT OFFENSES - Sufficiency

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Oregon Court of Appeals, August 24th, 2022

by: Rankin Johnson

RIGHT TO COUNSEL - Right to substitute counsel

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Oregon Supreme Court, August 11th, 2022

by: Rankin Johnson

RIGHT TO JURY - Trial on animal forfeiture

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Oregon Court of Appeals, August 10th, 2022

by: 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

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Oregon Supreme Court, August 4th, 2022

by: Rankin Johnson

MENS REA - Mental states and classes of elements

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Oregon Court of Appeals, August 3rd, 2022

by: Rankin Johnson

WITNESSES - Subpoenas

SEARCH AND SEIZURE - Scope of stop

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Oregon Supreme Court, July 28th, 2022

by: Rankin Johnson

GRAND JURY PROCEEDINGS - Right to counsel

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Oregon Court of Appeals, July 27th, 2022

by: Rankin Johnson

EVIDENCE - Other bad acts

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Oregon Court of Appeals, July 20th, 2022

by: Rankin Johnson

EVIDENCE - Relevance

EVIDENCE - Vouching

DUII - Felony DUII

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Oregon Supreme Court, July 14th, 2022

by: Rankin Johnson

TIME LIMITATIONS - Preindictment delay

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Oregon Court of Appeals, July 13th, 2022

by: Rankin Johnson

POST-CONVICTION RELIEF - Hearing on petition

-

SENTENCING - Merger

RIGHT TO JURY TRIAL - Exclusion of ethnic minorities from jury

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Oregon Court of Appeals, June 29th, 2022

by: Rankin Johnson

MENS REA - Physical injury

SENTENCING - Proportionality

JURY INSTRUCTIONS - Less-satisfactory-evidence

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Oregon Court of Appeals, June 23rd, 2022

by: Rankin Johnson

EVIDENCE - Other bad acts

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Oregon Court of Appeals, June 15th, 2022

by: Rankin Johnson

EVIDENCE - Relevance

DELIVERY OF A CONTROLLED SUBSTANCE - Boyd deliveries

SENTENCING - Restitution

SEARCH AND SEIZURE - Exigency

DEFENDANT - Confessions and admissions

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