OCDLA Library of Defense - Latest Case Reviews
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Oregon Court of Appeals, June 29th, 2022by: Rankin Johnson SENTENCING - Proportionality JURY INSTRUCTIONS - Less-satisfactory-evidence MENS REA - Physical injury Oregon Court of Appeals, June 15th, 2022by: 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, 2022by: Rankin Johnson SEX CRIMES - Lesser included offenses EVIDENCE - Speculation ACCUSATORY INSTRUMENTS - Pretrial dismissal of lesser-included offenses 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 PROBATION AND OTHER SUPERVISION - Contact Oregon Court of Appeals, June 2nd, 2022by: Rankin Johnson SEARCH AND SEIZURE - Mere presence JUVENILE DELINQUENCY - Waiver into adult court SEARCH AND SEIZURE - Reasonable suspicion EVIDENCE - Hearsay SEARCH AND SEIZURE - Field sobriety tests Oregon Court of Appeals, May 25th, 2022by: Rankin Johnson CRIMINAL MISCHIEF - Value EVIDENCE - Other bad acts RIGHT TO COUNSEL - Waiver and forfeiture EVIDENCE - Other bad acts SIMULATING LEGAL PROCESS - Elements PROBATION - Revocation SENTENCING - Repeat property offenders Oregon Court of Appeals, May 18th, 2022by: Rankin Johnson MENS REA - Intoxicants RIGHT TO COUNSEL - Waiver WITNESSES - Impeachment FAILURE TO APPEAR - Release agreements BURGLARY - Building WITNESSES - False-in-part instruction POST-CONVICTION RELIEF - Burden of proof SEX CRIMES - Merger 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 SEARCH AND SEIZURE - Stops SENTENCING - Dangerous offenders INEFFECTIVE ASSISTANCE OF COUNSEL - Futile motions SENTENCING - Probation-revocation sentences Oregon Court of Appeals, April 27th, 2022by: Rankin Johnson EVIDENCE - Other bad acts FAILURE TO YIELD - Elements EVIDENCE - Vouching SEARCH AND SEIZURE - Search warrants INTIMIDATION - Free-speech guarantees EVIDENCE - Expert testimony SENTENCING - Merger Oregon Court of Appeals, April 20th, 2022by: Rankin Johnson EVIDENCE - Hearsay ASSAULT - Serious physical injury TIME LIMITATIONS - Changes to statute of limitations IDENTITY THEFT - Uttering EVIDENCE - 403 balancing - STRANGULATION - Mens rea Oregon Court of Appeals, April 13th, 2022by: Rankin Johnson SEARCH AND SEIZURE - Reasonable suspicion SEARCH AND SEIZURE - Automobile exception SEARCH AND SEIZURE - Search incident to arrest EVIDENCE - Hearsay SEX CRIMES - Forcible compulsion Oregon Court of Appeals, April 6th, 2022by: Rankin Johnson COMPUTER CRIME - Elements SEARCH AND SEIZURE - Reasonable suspicion EVIDENCE - Scientific and expert evidence SEARCH AND SEIZURE - Reasonable suspicion SENTENCING - Restitution SENTENCING - Restitution DEFENDANT - Voluntariness RIGHT TO COUNSEL - Self-representation Oregon Supreme Court, March 31st, 2022by: Rankin Johnson APPELLATE PROCEDURE - Jurisdiction SENTENCING - Proportionality POST-CONVICTION RELIEF - Standards for ineffective counsel Oregon Court of Appeals, March 30th, 2022by: Rankin Johnson RIGHT TO JURY TRIAL - Ineffective Assistance of Counsel Oregon Court of Appeals, March 23rd, 2022by: Rankin Johnson RIGHT TO COUNSEL - Harmlessness RESTITUTION - Reasonableness of medical bills SEARCH AND SEIZURE - Scope of inquiry following stop TRAFFIC OFFENSES - Impeding traffic SEARCH AND SEIZURE - Authority to consent RESTITUTION - Amount SEARCH AND SEIZURE - Abandonment TAMPERING WITH EVIDENCE - Sufficiency Oregon Supreme Court, March 22nd, 2022by: Rankin Johnson INCHOATE CRIMES - Attempts INCHOATE CRIMES - Attempts Case Reviews, March 22nd, 2022by: Rankin Johnson MENTAL HEALTH DEFENSES - Insanity and personality disorders Oregon Court of Appeals, March 16th, 2022by: Rankin Johnson 144 - Right to be present at trial DUII - Miles instruction RIGHT TO JURY TRIAL - Improper comment by prosecutor MENS REA - Mental states and specific elements. TIME LIMITATIONS - Unreasonable delay TRAFFIC OFFENSES - Speed-measuring devices EVIDENCE - Opinion evidence Oregon Court of Appeals, March 9th, 2022by: Rankin Johnson SEARCH AND SEIZURE - Conduct constituting a stop INADEQUATE ASSISTANCE OF COUNSEL - Prejudice _________________________ |
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