OCDLA Library of Defense - Latest Case Reviews

Blog The Brown-Poston Demurrer by: Ryan Scott • September 28, 2023 • no comments This is from a Brown-Poston demurrer. SUMMARY OF ARGUMENT Under current case law, the state must allege the legal basis for joining counts in a mult-count indictment. If the basis for joinder is not properly alleged, the indictment is vulnerable to a demurrer. Under more recent case law, specifically State v. Brown, 326 Or App 46, 57 (2023), the Court of Appeals has held that, in order for joinder of multiple counts to be proper, each count must be properly joined with every other count. In other words, that A is properly joined with B and B is properly joined with C is not enough to allow joinder in one indictment unless A is also properly joined with C. In this case, the indictment expressly alleges why some of the counts are properly joined with some of the other counts. However, under Brown, that is not good enough. It is not sufficient to alleged, as here, that “Count 7 (Reckless Driving) was “of the same or similar character and a common scheme and plan as Count 5.” It must set forth in the indictment why count 7 is properly joined with all other counts in the indictment, not merely one other count. Updated Argument on Gun Minimum by: Ryan Scott • September 24, 2023 • no comments Since my last blog post on the gun minimum in mid-August, I have significantly revised my memo that argues that the gun minimum must be imposed on the primary offense and cannot be deferred to a later (and non-M11) count. I have also added a constitutional argument. Be forewarned that cutting and pasting have made the formatting a bit wonky, but with that caveat, here is the substance of the argument: → continue reading... Upward Departures by: Ryan Scott • September 13, 2023 • no comments Meg Huntington will be presenting on the law on upward departures this weekend at the OCDLA Conference in Newport. The materials for the conference have been made available to all attendees. I can tell you that her materials are very thorough, and there is no doubt that when I receive an upward departure notice in the future, I will be comparing the alleged factors to her materials. If you are unable to go to the conference, you should nevertheless order her materials. They are that useful. Next 20 Articles Case Reviews Oregon Court of Appeals, September 20th, 2023 by: Rankin Johnson DOUBLE JEOPARDY - Retrials APPELLATE PROCEDURE - Proceedings on remand SENTENCING - Sentencing credits PRESERVATION - Waiver → read the full summaries... Oregon Court of Appeals, September 13th, 2023 by: Rankin Johnson JURY TRIALS - Juror questions JURY UNANIMITY - Voluntariness SEARCH AND SEIZURE - Privacy interest POST-CONVICTION RELIEF - Actual innocence PLEA AGREEMENTS - Agreement not to seek review USING A CHILD IN A SEXUALLY EXPLICIT DISPLAY - Lewd images → read the full summaries... Oregon Court of Appeals, September 6th, 2023 by: Rankin Johnson PROBATION - Polygraphs as probation condition RESTITUTION - Reasonableness of bills → read the full summaries... Oregon Court of Appeals, August 30th, 2023 by: Rankin Johnson DUII - Statutory counterparts EVIDENCE - Vouching INEFFECTIVE ASSISTANCE OF COUNSEL - Mitigation → read the full summaries... _________________________

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