OCDLA Library of Defense - Latest Case Reviews
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Oregon Court of Appeals, May 24th, 2023by: Rankin Johnson MENS REA - Mental states and classes of elements USING A CHILD IN A SEXUALLY EXPLICIT DISPLAY - Relation to other sex offenses Oregon Court of Appeals, May 17th, 2023by: 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 Oregon Court of Appeals, May 3rd, 2023by: Rankin Johnson - 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 - Oregon Court of Appeals, April 26th, 2023by: 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 Oregon Court of Appeals, April 19th, 2023by: 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 Oregon Supreme Court, April 6th, 2023by: Rankin Johnson APPELLATE PROCEDURE - Dismissal by appellant Oregon Court of Appeals, April 5th, 2023by: Rankin Johnson EVIDENCE - Scientific and expert evidence SEARCH AND SEIZURE - Unsignaled lane change Oregon Court of Appeals, March 29th, 2023by: Rankin Johnson SELF-INCRIMINATION - Polygraphs TRIAL PROCEEDINGS - Restraints for defendant EVIDENCE - Propensity evidence EVIDENCE - Vouching FIREARM OFFENSES - Carrying a Concealed Weapon Oregon Court of Appeals, March 22nd, 2023by: 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 Oregon Court of Appeals, March 15th, 2023by: Rankin Johnson SEARCH AND SEIZURE - Attenuation SEARCH AND SEIZURE - Conduct constituting a stop PLEA AGREEMENTS - Reviewability Oregon Court of Appeals, March 8th, 2023by: 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 Oregon Court of Appeals, February 22nd, 2023by: Rankin Johnson - INTERFERING WITH A PEACE OFFICER - Lawful Order Oregon Court of Appeals, February 8th, 2023by: Rankin Johnson DOUBLE JEOPARDY - Separate criminal episodes - - EVIDENCE - Foundation SENTENCING - Separate criminal episodes Oregon Court of Appeals, February 1st, 2023by: Rankin Johnson MENTAL STATES - Elements and mental states. RESTITUTION - Price and market rate MENTAL STATES - Use of intoxicants EVIDENCE - Public records hearsay exception Oregon Court of Appeals, January 25th, 2023by: Rankin Johnson HABEAS CORPUS - Conditions of confinement FAPA, STALKING, AND RESTRAINING ORDERS - Expressive conduct and threats Oregon Court of Appeals, January 11th, 2023by: Rankin Johnson DEFENDANT - Invocation EVIDENCE - Opinion evidence MENTAL HEALTH DEFENSES - Disqualifying disorders Oregon Supreme Court, December 30th, 2022by: 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 Oregon Court of Appeals, December 29th, 2022by: Rankin Johnson SEARCH AND SEIZURE - Interest in property PRESERVATION - MJOA INDIAN LAW - Conservation necessity Oregon Supreme Court, December 22nd, 2022by: Rankin Johnson JOINDER, SEVERANCE, AND ELECTION - Burden to obtain severance - Oregon Court of Appeals, December 14th, 2022by: 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 Oregon Court of Appeals, December 7th, 2022by: Rankin Johnson MARIJUANA REGULATION - Hemp HUNTING, FISHING, AND WILDLIFE OFFENSES - Commercial fishing regulation EVIDENCE - Body-camera recordings - PROBATION AND OTHER SUPERVISION - Tolling and termination SENTENCING - Restitution Oregon Court of Appeals, November 23rd, 2022by: Rankin Johnson PAROLE - Murder-review hearings CONTEMPT - Mens rea Oregon Court of Appeals, November 16th, 2022by: Rankin Johnson SEARCH AND SEIZURE - Conduct constituting a stop SEARCH AND SEIZURE - Conduct constituting a stop _________________________ |
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