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OCDLA Library of Defense - Latest Case Reviews

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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

DUII - Felony DUII

EVIDENCE - Relevance

EVIDENCE - Vouching

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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

SENTENCING - Merger

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RIGHT TO JURY TRIAL - Exclusion of ethnic minorities from jury

POST-CONVICTION RELIEF - Hearing on petition

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Oregon Court of Appeals, June 29th, 2022

by: Rankin Johnson

SENTENCING - Proportionality

JURY INSTRUCTIONS - Less-satisfactory-evidence

MENS REA - Physical injury

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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

SEARCH AND SEIZURE - Exigency

SENTENCING - Restitution

DEFENDANT - Confessions and admissions

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Oregon Court of Appeals, June 8th, 2022

by: 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

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Oregon Court of Appeals, June 2nd, 2022

by: 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

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Oregon Supreme Court, May 26th, 2022

by: Rankin Johnson

RIGHT TO COUNSEL - Waiver and forfeiture

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Oregon Court of Appeals, May 25th, 2022

by: Rankin Johnson

PROBATION - Revocation

SENTENCING - Repeat property offenders

CRIMINAL MISCHIEF - Value

EVIDENCE - Other bad acts

RIGHT TO COUNSEL - Waiver and forfeiture

EVIDENCE - Other bad acts

SIMULATING LEGAL PROCESS - Elements

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Oregon Court of Appeals, May 18th, 2022

by: Rankin Johnson

RIGHT TO COUNSEL - Waiver

WITNESSES - Impeachment

POST-CONVICTION RELIEF - Burden of proof

FAILURE TO APPEAR - Release agreements

BURGLARY - Building

WITNESSES - False-in-part instruction

SEX CRIMES - Merger

INEFFECTIVE ASSISTANCE OF COUNSEL - Tactical choices

RIGHT TO JURY TRIAL - Unanimity

MENS REA - Intoxicants

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Oregon Supreme Court, May 12th, 2022

by: Rankin Johnson

SENTENCING - Consecutive probation-violation sentences

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Oregon Court of Appeals, May 11th, 2022

by: Rankin Johnson

INEFFECTIVE ASSISTANCE OF COUNSEL - Futile motions

SENTENCING - Probation-revocation sentences

SENTENCING - Dangerous offenders

SEARCH AND SEIZURE - Stops

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Oregon Supreme Court, April 28th, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Search warrants

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Oregon Court of Appeals, April 27th, 2022

by: Rankin Johnson

EVIDENCE - Other bad acts

SENTENCING - Merger

FAILURE TO YIELD - Elements

EVIDENCE - Vouching

SEARCH AND SEIZURE - Search warrants

INTIMIDATION - Free-speech guarantees

EVIDENCE - Expert testimony

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Oregon Court of Appeals, April 20th, 2022

by: Rankin Johnson

EVIDENCE - Hearsay

ASSAULT - Serious physical injury

TIME LIMITATIONS - Changes to statute of limitations

IDENTITY THEFT - Uttering

EVIDENCE - 403 balancing

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STRANGULATION - Mens rea

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Oregon Court of Appeals, April 13th, 2022

by: 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

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Oregon Court of Appeals, April 6th, 2022

by: Rankin Johnson

EVIDENCE - Scientific and expert evidence

SEARCH AND SEIZURE - Reasonable suspicion

COMPUTER CRIME - Elements

SENTENCING - Restitution

DEFENDANT - Voluntariness

RIGHT TO COUNSEL - Self-representation

SENTENCING - Restitution

SEARCH AND SEIZURE - Reasonable suspicion

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Oregon Supreme Court, March 31st, 2022

by: Rankin Johnson

SENTENCING - Proportionality

APPELLATE PROCEDURE - Jurisdiction

POST-CONVICTION RELIEF - Standards for ineffective counsel

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Oregon Court of Appeals, March 30th, 2022

by: Rankin Johnson

RIGHT TO JURY TRIAL - Ineffective Assistance of Counsel

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Oregon Court of Appeals, March 23rd, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Abandonment

RIGHT TO COUNSEL - Harmlessness

SEARCH AND SEIZURE - Scope of inquiry following stop

RESTITUTION - Reasonableness of medical bills

SEARCH AND SEIZURE - Authority to consent

TAMPERING WITH EVIDENCE - Sufficiency

RESTITUTION - Amount

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Case Reviews, March 23rd, 2022

by: Rankin Johnson

TRIAL PROCEDURE - Jury questions

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