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OCDLA Library of Defense - Latest Case Reviews

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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 - Dangerous offenders

SEARCH AND SEIZURE - Stops

SENTENCING - Probation-revocation sentences

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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

FAILURE TO YIELD - Elements

EVIDENCE - Other bad acts

SENTENCING - Merger

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

TIME LIMITATIONS - Changes to statute of limitations

IDENTITY THEFT - Uttering

EVIDENCE - 403 balancing

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STRANGULATION - Mens rea

ASSAULT - Serious physical injury

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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

SENTENCING - Restitution

COMPUTER CRIME - Elements

SEARCH AND SEIZURE - Reasonable suspicion

EVIDENCE - Scientific and expert evidence

SEARCH AND SEIZURE - Reasonable suspicion

DEFENDANT - Voluntariness

SENTENCING - Restitution

RIGHT TO COUNSEL - Self-representation

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Oregon Supreme Court, March 31st, 2022

by: Rankin Johnson

POST-CONVICTION RELIEF - Standards for ineffective counsel

SENTENCING - Proportionality

APPELLATE PROCEDURE - Jurisdiction

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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 - Scope of inquiry following stop

RIGHT TO COUNSEL - Harmlessness

RESTITUTION - Reasonableness of medical bills

RESTITUTION - Amount

TRAFFIC OFFENSES - Impeding traffic

SEARCH AND SEIZURE - Abandonment

SEARCH AND SEIZURE - Authority to consent

TAMPERING WITH EVIDENCE - Sufficiency

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Case Reviews, March 23rd, 2022

by: Rankin Johnson

TRIAL PROCEDURE - Jury questions

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Oregon Supreme Court, March 22nd, 2022

by: Rankin Johnson

INCHOATE CRIMES - Attempts

INCHOATE CRIMES - Attempts

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Case Reviews, March 22nd, 2022

by: Rankin Johnson

MENTAL HEALTH DEFENSES - Insanity and personality disorders

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Oregon Court of Appeals, March 16th, 2022

by: 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

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Oregon Court of Appeals, March 9th, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Conduct constituting a stop

INADEQUATE ASSISTANCE OF COUNSEL - Prejudice

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Oregon Supreme Court, March 3rd, 2022

by: Rankin Johnson

MENS REA - Result elements

MENS REA - Result elements

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Oregon Court of Appeals, March 2nd, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Probable cause

CONTEMPT - Out-of-state orders

TRIAL PROCEEDINGS - Mistrials

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Oregon Court of Appeals, February 24th, 2022

by: Rankin Johnson

CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries

SEARCH AND SEIZURE - Consent and acquiescence

SENTENCING - Restitution

DOUBLE JEOPARDY - Mandatory joinder

SEARCH AND SEIZURE - Officer safety

RIGHT TO COUNSEL - Self-representation

SEARCH AND SEIZURE - Search incident to arrest

EVIDENCE - Subpoenas duces tecum

SENTENCING - Substantial and compelling reasons

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Oregon Court of Appeals, February 16th, 2022

by: Rankin Johnson

PHYSICAL INJURY - Bruising

TRAFFIC OFFENSES - Driving while suspended or revoked

TIME LIMITATIONS - Delay in execution of process

IDENTITY THEFT - Intent to defraud

RIGHT TO JURY TRIAL - Unanimity

TRESPASSING - License to enter property

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Oregon Supreme Court, February 10th, 2022

by: Rankin Johnson

EVIDENCE - Business-records hearsay exception

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Oregon Court of Appeals, February 9th, 2022

by: Rankin Johnson

THEFT - Lending on security as selling

RIGHT TO COUNSEL - State agents

DEFENDANTS STATEMENTS - Compelling circumstances

RIGHT TO BAIL - Procedure to enforce

MENTAL STATES -

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Oregon Court of Appeals, February 2nd, 2022

by: Rankin Johnson

TRESPASSING - Elements

SEARCH AND SEIZURE - Expansion of traffic stops

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Oregon Court of Appeals, January 20th, 2022

by: Rankin Johnson

EXPUNCTION - Traffic offenses

EVIDENCE - Vouching

SENTENCING - Domestic violence reference in judgment

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Oregon Court of Appeals, January 12th, 2022

by: Rankin Johnson

SEARCH AND SEIZURE - Exploitation

TRIAL PROCEDURE - Lesser-included offenses

TRIAL PROCEDURE - Proceedings on remand

ONLINE SEXUAL CORRUPTION - Elements

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Oregon Court of Appeals, January 5th, 2022

by: Rankin Johnson

EVIDENCE - Child-sexual-abuse hearsay exception

INTERFERENCE WITH MAKING A REPORT - Sufficiency

EVIDENCE - Business-records hearsay exception

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Oregon Supreme Court, December 30th, 2021

by: Rankin Johnson

SEARCH AND SEIZURE - Automobile exception

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Oregon Court of Appeals, December 29th, 2021

by: Rankin Johnson

ACCUSATORY INSTRUMENTS - Dates

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Oregon Court of Appeals, December 22nd, 2021

by: Rankin Johnson

SEARCH AND SEIZURE - Scope of consent

TIME LIMITATIONS - Flight

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