OCDLA Library of Defense - Latest Case Reviews
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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 SEARCH AND SEIZURE - Conduct constituting a stop EVIDENCE - Other bad acts DEFENDANT - Improper inducement Oregon Court of Appeals, October 26th, 2022by: Rankin Johnson SEARCH AND SEIZURE - Conduct constituting a stop CONSENT - Physical helplessness EVIDENCE - Hearsay Oregon Supreme Court, October 20th, 2022by: Rankin Johnson CLOSING ARGUMENT - Improper argument by prosecutor FIREARMS - Defenses for firearm offenses DUII - Implied consent Oregon Court of Appeals, October 19th, 2022by: Rankin Johnson PROBATION VIOLATIONS - Admissions SENTENCING - Maximum at resentencing TRIAL PROCEDURE - Right to participate INADEQUATE ASSISTANCE OF COUNSEL - Mitigation Oregon Court of Appeals, October 12th, 2022by: Rankin Johnson PLEA AGREEMENTS - Deferred sentencing agreements DUII - Diversion MENS REA - Mental states and specific elements MENS REA - Mental states and classes of elements Oregon Supreme Court, October 6th, 2022by: Rankin Johnson POST-CONVICTION RELIEF - Delay caused by flight MENS REA - Value of stolen property Oregon Court of Appeals, October 5th, 2022by: Rankin Johnson SENTENCING - Earned discharge SENTENCING - Merger MENS REA - Extreme Indifference Oregon Court of Appeals, September 28th, 2022by: Rankin Johnson DEFENDANTS STATEMENTS - Compelling circumstances EVIDENCE - Eyewitness identification JUVENILE DELINQUENCY - Confidentiality EVIDENCE - Motive to lie Oregon Court of Appeals, September 21st, 2022by: Rankin Johnson PROBATION AND OTHER SUPERVISION - Drug court Oregon Court of Appeals, September 14th, 2022by: Rankin Johnson CONSENT - Ability to consent FITNESS FOR TRIAL - Time in the state hospital MENS REA - Mental states and classes of elements Oregon Court of Appeals, September 8th, 2022by: Rankin Johnson EVIDENCE - Chain of custody INDIAN LAW - Hunting and fishing regulations SEARCH AND SEIZURE - Inevitable discovery SENTENCING - Departure factors EVIDENCE - Expert testimony Oregon Court of Appeals, August 31st, 2022by: Rankin Johnson DISCOVERY - Sanctions for violations THEFT OFFENSES - Sufficiency Oregon Court of Appeals, August 24th, 2022by: Rankin Johnson RIGHT TO COUNSEL - Right to substitute counsel Oregon Supreme Court, August 11th, 2022by: Rankin Johnson RIGHT TO JURY - Trial on animal forfeiture Oregon Court of Appeals, August 10th, 2022by: 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 Oregon Supreme Court, August 4th, 2022by: Rankin Johnson MENS REA - Mental states and classes of elements Oregon Court of Appeals, August 3rd, 2022by: Rankin Johnson WITNESSES - Subpoenas SEARCH AND SEIZURE - Scope of stop Oregon Court of Appeals, July 20th, 2022by: Rankin Johnson EVIDENCE - Relevance EVIDENCE - Vouching DUII - Felony DUII Oregon Court of Appeals, July 13th, 2022by: Rankin Johnson POST-CONVICTION RELIEF - Hearing on petition - SENTENCING - Merger RIGHT TO JURY TRIAL - Exclusion of ethnic minorities from jury Oregon Court of Appeals, June 29th, 2022by: Rankin Johnson MENS REA - Physical injury SENTENCING - Proportionality JURY INSTRUCTIONS - Less-satisfactory-evidence Oregon Court of Appeals, June 15th, 2022by: 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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