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Is Engen good law anymore? by: Ryan Scott • June 23, 2017 • no comments In State v. Engen, the Court of Appeals held that while a defendant must knowingly possess a controlled substance, he didn't need to know the exact nature of the controlled substance.  That is, a defendant charged with possession of cocaine couldn't get an acquittal by arguing he thought it was meth. But back then, a defendant wouldn't have been charged with specifically possessing cocaine.  He was charged with possessing a schedule II controlled substance.  The statute didn't distinguish between cocaine and methamphetamine. Now, a defendant is usually charged with expressly possessing cocaine in most cases, though a separate general statute based on drug categories still exists. The earlier failure to distinguish different controlled substances was part of the analysis in Engen: Given the historical context of the 1977 legislation—the lack of differentiation among types of controlled substances and the historic lack of an explicit mental state requirement pertaining to the specific type of controlled substance possessed—it seems unlikely that the 1977 legislature intended to impose such a requirement. As I mentioned, at least some of the drug statutes make those distinction now.  Let's assume the charge is possession of cocaine.  The mental state is knowingly.  The conduct -- using a Simonov analysis -- is possession of cocaine.  I don't think a person can be guilty under that statute of possessing cocaine if they thought they possessed methamphetamine. New Hampshire accidentally makes pregnancy a defense to murder by: Ryan Scott • June 23, 2017 • no comments The story is here. There is a larger point to be made about sloppy legislative drafting (as well as other points not suited to this blog) but I'll save those for another time. Another example demonstrating that incarceration is often not based on community safety by: Ryan Scott • May 31, 2017 • no comments If prisoner A is in custody, serving a prison sentence, because it is necessary to keep the community safe, then the fact that there is a job shortage would not impact that conclusion, would it? But if a job shortage is a basis for releasing a prisoner, perhaps community safety isn't the issue. And if community safety isn't the issue, then aren't there a number of ways to punish a person that are more effective and cheaper than incarceration? Why do I bring this up? Because of this story in the Wall Street Journal: To Fill Summer Jobs, Maine Gov. Releases Non-Violent Prisoners. What is responsible for the fall in drunk driving since the early '80s? by: Ryan Scott • May 22, 2017 • no comments Drunk driving fatalities have fallen dramatically since the early '80s. They continued to fall since the mid-90s, but that drop is less significant because non-DUII auto fatalities have fallen the same amount, suggesting that improvements in auto safety (which protect the drunk and sober alike) account for most if not all of the drop in the last two decades. Still, if you go back to the early '80s, the decline of drunk driving fatalities has been an extraordinary success story. Is it because of tougher laws? Social stigma? Demographics? Change is alcohol consumption patterns? You might find an answer here. Would raising most speed limits make roads safer? by: Ryan Scott • May 13, 2017 • no comments Discussion here. Non-Oregon Case Law on "No Trespassing" Signs and the 4th Amendment by: Ryan Scott • May 13, 2017 • no comments The Tennessee Supreme Court, in a recent opinion, went over a large body of case law on whether a "No Trespassing" sign defeats the implicit license of police to walk up to your front door. A discussion of their opinion is here. The Oregon Court of Appeals recently discussed the issue in St v. Wilson. New Regarding Historical Cell-Site Data (SW or Subpoena?) by: Ryan Scott • May 13, 2017 • no comments The US Supreme Court is considering whether to take cases where the issue is whether a search warrant or a mere subpoena is necessary to obtain historical cell-site data. Links to the multiple petitions for cert can be found here. Discussion here. And an argument for revisiting the third-party doctrine is here. As previously noted, the Oregon Constitution provides much greater protection to records held by third-parties, per State v. Ghim. Having said that, the exact parameters of that protection will continue to be unknown until defense attorneys start preserving the issues. The Standard Theft-by-Taking Jury Instruction is Wrong by: Ryan Scott • May 10, 2017 • no comments In State v. Simonov, the Oregon Supreme Court lays out the law on applying which mental states to which elements.  The charge was UUV, but it's a great place to start if you ever have any questions about mental states and material elements.   In his opinion, Justice Brewer points out that the "knowing" mental state is the lowest applicable mental state that can be applied to conduct.  When it comes to results and circumstances, the lowest applicable mental state is criminal negligence.  He points out that if a crime is in the criminal code, and no mental state is explicitly applied to a particular element, then the lowest possible mental state applies, which, in the case of a conduct element, is "knowingly" and in the case of a circumstance element is "negligently." He briefly uses theft to highlight the difference between conduct and circumstance, specifically the fact that value of an item is a circumstance. The theft statutes provide an example of the role of circumstance elements in a criminal offense. “Theft” in any degree is defined by ORS 164.015, which describes the prohibited conduct (the taking of property) and the applicable mental state (intent to deprive another of property). The prohibited conduct for theft in any degree is the taking of another’s property with the intent to deprive the owner of it. Id. A person commits first-degree theft when the person commits theft as defined in ORS 164.015, and the value of the property is $1,000 or more. ORS 164.055. If the value of the property is $100 or more and less than $1,000, the person commits second-degree theft, and if the value of the property is less than $100, the person commits third-degree theft. ORS 164.045 (second-degree theft); ORS 164.043 (third-degree theft). But what he says next is what's most important.  He cites St v Jones, a COA case (authored by then-Chief Justice of the Court of Appeals, David Brewer) that specifically involves whether one should apply a knowing mental state to the value of items stolen.  And he summarizes Jones as follows: → continue reading... Top Ten Observations about Defense Lawyers by: Ryan Scott • March 31, 2017 • no comments Kopf's list begins: 10. Criminal defense lawyers are at great risk of becoming drunken bastards—the stress is beyond description. 9. Being a good criminal defense lawyer requires sincerity whereas being a great criminal defense lawyer requires the ability to fake it. 8. When it comes to convincing a client to accept a guilty plea because it is in the manifest best interests of the client, a criminal defense lawyer must become a client whisperer. 7. When it comes to convincing a client to reject a plea offer and take the case to a jury, a criminal defense lawyer (regardless of gender) must possess balls of steel. 6. Real criminal defense lawyers don’t hate prosecutors, but they don’t trust them either. The rest of the list gets more interesting. → continue reading... Race, Crime, Lead: More on the Impact of Banning Leaded Gasoline by: Ryan Scott • March 30, 2017 • one comment Kevin Drum's post is here, highlighting two studies. Very interesting to show how leaded gasoline -- and the subsequent ban on leaded gasoline -- impacts incarceration and crime as categorized by the race of the defendant. Does Retroactive Application of SO Registry Laws Violate Ex Post Facto? by: Ryan Scott • March 30, 2017 • no comments You may have thought this issue was dead, but apparently it has some life. Per SCOTUSblog, SCOTUS has invited the solicitor general to weigh in on the petition for cert in Snyder v. Doe, which raises the question whether retroactive application of sex-offender-registry laws violates ex post facto clause. That doesn't mean the justices will take the case, but at least one justice is considering doing so. I wouldn't expect a decision on whether to grant cert until the fall. SW to Seize and Search a Car's Black Box by: Ryan Scott • March 30, 2017 • no comments I've been waiting to have a case -- almost certainly a vehicular manslaughter or similar -- in which to raise this issue. Hasn't happened yet. But here's an appellate opinion where it was raised. Key quote: The state challenges an order granting appellee Charles Worsham’s motion to suppress. Without a warrant, the police downloaded data from the “event data recorder” or “black box” located in Worsham’s impounded vehicle. We affirm, concluding there is a reasonable expectation of privacy in the information retained by an event data recorder and downloading that information without a warrant from an impounded car in the absence of exigent circumstances violated the Fourth Amendment. Here is Orin Kerr's take on the issue. Historical Cell-Site Data: subpoena or search warrant? by: Ryan Scott • March 22, 2017 • no comments You can see a 9th Circuit oral argument on the issue here. However, keep in mind, the Oregon Constitution may be far more favorable. See State v. Ghim for Oregon's take on the third-party doctrine. Juvenile Arrest Rates Since 1980 by: Ryan Scott • March 6, 2017 • no comments I highly recommend you look at this chart via Kevin Drum. Mr. Drum writes: Since 1996, arrests of juveniles have fallen by two-thirds. Arrests for violent crimes have fallen by more than two-thirds. Bottom line: Kids today are way better behaved and way less scary than they were in the 90s. One of these days we ought to start acting like we know this. Child Porn Sentencing by: Ryan Scott • March 5, 2017 • no comments The Oregon Supreme Court has granted review to a case involving child porn sentencing. The issue is this: how many different criminal episodes are there when multiple images are found during a single search, but those images were obtained on different dates? I won't reiterate the arguments here, but it's my case, so if anyone wants the briefs after they're filed, let me know. If the defense wins, the impact could be that a defendant who is an "I" would stay an "I" for all counts. While much better than being an "A" after just a few counts, are there any other limitations that could dramatically shorten the sentence? Yes. If the state can't prove separate victims, the 200% rule would kick in, and the defendant's likely sentence would be no more than 36 months. But what if the images all involve separate children? My argument -- which I have written about before -- is that the burden is on the state to show that the people depicted in the images are still alive at the time of downloading by the defendant, because if they aren't, they are beyond all harm, and thus cannot be victims (in the same way you can't libel the dead). The state's response, shared by some defense attorneys, is that when you download the images ten, twenty or even a hundred years later, you -- as a consumer of these images -- are the reason these images were created in the first place, thus you are complicit in the original abuse. Consequently, it is the harm from the original abuse that makes the children "victims" for all eternity, even if the porn people look at five hundred years from now is the same porn that exists today. I think this is wrong because I don't think the law recognizes retroactivity in this type of culpability. Space/time certainly doesn't. But there is another key reason, and when I say it, you're going to be shocked, but read on, and you'll see I'm not promoting an argument that only a psychopath would make. → continue reading... The Science on Marijuana Legalization's Impact on Opioid Addiction by: Ryan Scott • February 28, 2017 • one comment Great overview from the Washington Post. Judge Rejects Warrant Provision On Compelling Thumbprint to Unlock Phone by: Ryan Scott • February 24, 2017 • no comments Details here. Where Can You Get Crime Statistics? by: Ryan Scott • February 24, 2017 • no comments For US crime statistics, go to the FBI's Uniform Crime Reports. This is a good place to start. As Kevin Drum states, "Their data delivery tool provides a lot of flexibility, allowing you to get data for specific crimes, specific localities, and specific time periods. Unfortunately, it's usually two years behind the latest release, so you have to wade through the most recent PDF reports if you want current data. If you need a complete series, start with the data tool and then fill in the most recent couple of years by hand from the relevant reports." More proof that the major reason for the drop in violent crime is. . . . by: Ryan Scott • February 17, 2017 • no comments . . . . unleaded gasoline. Or more precisely, the phasing out of leaded gasoline in the US in the 1970s. You can easily find previous articles and evidence of this around the internet. Perhaps the most compelling evidence is that the drop in violence is entirely predictable based on when and how quickly leaded gasoline was phased out, regardless of the country. Here is the evidence as it relates to Britain, which phased out leaded gasoline much later than occurred in the US but, once it did so, did so much more quickly. This isn't rocket science. We know what lead does to the brain, in terms of intellectual development and impulse control. That getting it out of the environment would have long term benefits for the children who grew up after lead was reduced or eliminated in their neighborhoods is entirely predictable and born out by the evidence. Things You Really Need to Know About Special Jury Instructions by: Ryan Scott • February 16, 2017 • no comments Today, the Oregon Supreme Court came out with an opinion in State v. Morgan. It's a good defense opinion but not a good one for this particular defendant. The most significant holding is that in a robbery in the second degree based on "aided by another person actually present," the "other person" must actually intend to aid the principal in the commission of the robbery. It can't be inadvertent assistance. But there are a few things from the opinion that are very much worth highlighting. → continue reading... Is Your Smart TV Spying on You? And How This Relates to the Most Important Suppression Opinion of the Year by: Ryan Scott • February 7, 2017 • no comments The Fourth Amendment blog writes about the story here. The blog post asks the question: "So, if this is third party data, is it subject to mere subpoena and not a search warrant?" And the answer is: → continue reading... An Objective View of the Relationship Between Immigration and Crime by: Ryan Scott • January 27, 2017 • no comments Article is here. Key quote: “Native-born Americans are more likely to be incarcerated than Central American immigrants, and recent increases in immigration occurred as crime actually fell in the US.” The Costs of Mass Incarceration by: Ryan Scott • January 27, 2017 • no comments The costs referred to in the title are purely financial. But even those are huge, and likely conservative. The report comes from the Prison Policy Initiative. I haven't read it closely enough to determine if it includes the loss of tax income from inmates who would be working if they weren't incarcerated. Probable Cause to Arrest for Trespassing by: Ryan Scott • January 23, 2017 • no comments SCOTUS granted cert last week to a case with the following facts (taken from SCOTUSblog's summary): The first grant came in District of Columbia v. Wesby, a case that presents important questions regarding the assessment of probable cause by police officers and qualified immunity. The case arose when police officers in Washington responded to a noise complaint about a vacant house, where they found scantily clad women and the smell of marijuana. No one seemed to know who owned the house or precisely what the occasion was, but some of the partygoers told police that they had been invited by someone named “Peaches” or “Tasty” – who was not at the party, but who admitted that she did not have the owner’s permission to use the house. The partygoers were arrested for trespassing, but no charges were ever brought against them. The partygoers then filed a lawsuit, in which they alleged that the police lacked probable cause to arrest them because they had told police officers that they had been invited to the house and therefore did not intend to trespass. Two pieces on criminal law worth reading by: Ryan Scott • January 16, 2017 • no comments The first piece involves the reduction, by 50%, of the number of black males under 30 who are incarcerated since 2001. The reason won't surprise anyone who has regularly read this blog. The thing to keep in mind is that, around the country, you're seeing lower incarceration rates for young males AND lower crime rates. Keep this in mind when you hear people defend higher incarceration rates as the explanation for reduced crime. The second is a Slate piece about Oregon prosecutors. It's brief, and it tries to cover a lot of ground. Consequently, it's a more superficial discussion than I would like, but it's a start. Next 20 Articles _________________________

Enter your email to get notice of new articles: ________________________________________________ Oregon Supreme Ct - June 15, 2017 by: Sara Werboff • June 19, 2017 • no comments Search and Seizure - Scope of Consent is Determined by Defendant's Actual Intent → read the full summaries... Oregon Appellate Ct - June 14, 2017 by: Sara Werboff • June 19, 2017 • no comments Evidence was Insufficient to Convict Defendant of Reckless Endangerment Post-Conviction Relief – Petitioner’s Successive Petition Did Not Fall Within Escape Clause Evidence – Record Did Not Reveal that Trial Court Conducted OEC 403 Balancing and Limited Remand Required Failure to Appear - Sufficient Evidence that Defendant was Released from Custody – Failure to Redact Misdemeanor Charges from Release Agreement was Harmless Error Search and Seizure – State Proved Exigent Circumstances Justified Warrantless Entry into Home Evidence was Sufficient to Convict Defendant of Failure to Perform Duties of Driver Sentencing – Merger Required for Identity Theft and Fraudulent Use of a Credit Card Right to Counsel – Defendant’s Article I, Section 11, Rights Were Violated by Cellmate Interrogation Court Cannot Review Exclusion of Expert Testimony Due to Insufficient Offer of Proof Search and Seizure – Defendant was Stopped without Reasonable Suspicion Per Curiam - Attorney Fees – Trial Court Plainly Erred in Imposing Fees Per Curiam - Civil Commitment – Dismissal Warranted When Appellant Held for More Than Five Days Without Hearing Per Curiam - Habeas Corpus – Plaintiff Not Precluded from Re-Raising Claims → read the full summaries... Oregon Appellate Ct - June 7, 2017 by: Sara Werboff • June 9, 2017 • no comments Post-Conviction Relief – Petitioner Was Not Prejudiced by Trial Counsel’s Deficient Performance Juvenile Dependency – Mother Was Permitted to Present New Evidence at Judicial Rehearing Speedy Trial – Defendant was Not Prejudiced by Pretrial Delay – Defendant Waived Statute of Limitations Defense Sentencing – Trial Court Erred in Imposing Consecutive Sentences for Attempted Murder and First-Degree Assault Per Curiam – Sentencing – Not Plain Error to Impose Lengthy Non-Life Sentence on Juvenile → read the full summaries... Oregon Appellate Ct - June 1, 2017 by: Sara Werboff • June 2, 2017 • no comments Charging Instruments – Upholding on Reconsideration Earlier Opinion Requiring State to Allege Basis of Joinder DUII – Trial Court Did Not Err in Instructing the Jury on Alternative Theories of DUII Evidence – Admission of Judgment of Conviction Over Defendant’s Stipulation was Prejudicial Evidence – Portion of Transcript Admissible on Alternative Hearsay Exception Per Curiam – Reversing “Mandatory State Amt” but Upholding Imposition of Attorney Fees Per Curiam – Reversing Imposition of DUII Conviction Fee Per Curiam – Reversal for Lack of Written Jury Waiver Per Curiam – Trial Court Imposed Unlawful Post-Prison Supervision Sentence Per Curiam – Trial Court Plainly Erred in Imposing Extradition Fees Per Curiam – Civil Commitment – Insufficient Evidence to Support Finding of Dangerousness → read the full summaries... Oregon Appellate Ct - May 24, 2017 by: Sara Werboff • May 26, 2017 • no comments Telephonic Harassment Requires Proof that Caller Caused Phone to Make Audible Sound Sentencing – Trial Court Plainly Erred in Imposing Two 60-Month Firearm Minimums but Defendant was Not Prejudiced by Error Evidence – Defendant’s Prior Convictions Were Inadmissible Juvenile Dependency – Permanency Judgment Supported by Sufficient Evidence Restitution – Wildlife Valuation Statute Did Not Establish Economic Damages Per Curiam – Reversing Attorney Fees Per Curiam - Juvenile Dependency – Remanding for Entry of Judgment on Other Jurisdictional Grounds → read the full summaries... Oregon Appellate Ct - May 17, 2017 by: Sara Werboff • May 22, 2017 • no comments Kidnapping – Trial Court Did Not Plainly Err in Entering Conviction for Kidnapping Sentencing – Trial Court Erred in Failing to Merge Guilty Verdicts and Remand for Resentencing is Required Post-Conviction Relief – PCR Court Applied Incorrect Brady Standard and Remand Required Post-Conviction Relief – PCR Court Did Not Err in Dismissing Successive Petition Evidence – Interpreter’s Translation of Defendant’s Confession was Inadmissible Hearsay Post-Conviction Relief – Counsel Ineffective for Failing to Object to Trial Court’s Improper Comments Restraining Orders – Sufficient Evidence in Record to Support FAPA Order Stalking Protective Orders – Insufficient Evidence to Support SPO → read the full summaries... Oregon Appellate Ct - May 10, 2017 by: Sara Werboff • May 12, 2017 • no comments Miranda Warnings Were Not Required During Traffic Stop and DUII Investigation Defendant Could Not Invoke Right to Counsel in Non-Compelling Circumstances Defendant Entitled to Acquittal on Manufacture of a Destructive Device Termination of Parental Rights – Juvenile Court Erred in Excluding Evidence but Termination was Proper Computer Crime – Providing False Info to Banks Not Sufficient Proof of “Use” of a Computer Post-Conviction Relief – PCR Court Did Not Err in Denying Petitioner’s Claim Juvenile Dependency – Judgments Not Appealable Because of Lack of Adverse Affect Juvenile Dependency – Juvenile Court Did Not Err in Changing Permanency Plan Post-Conviction Relief – Petitioner Attached Sufficient Support of PCR Claim Per Curiam - Stalking – State Concedes Communications Were Not Contacts Per Curiam - Juvenile Dependency – Jurisdictional Judgment Affirmed but Two Grounds Reversed Per Curiam – Claim of Error is Unreviewable → read the full summaries... Oregon Supreme Ct - May 4, 2017 by: Sara Werboff • May 8, 2017 • no comments Confrontation - "Implied Consent Combined Report" Not Barred by Federal Confrontation Clause in DWS Trial → read the full summaries... Oregon Appellate Ct - May 3, 2017 by: Sara Werboff • May 8, 2017 • no comments Defendant Entitled to Acquittal For Failure to Perform Duties of Driver When Unaware of Accident Until Later Attorney Fees – Plain Error to Impose Attorney Fees – Defendant Did Not Invite the Error Search and Seizure – Police Did Not Unlawfully Trespass on Defendant’s Private Drive Miranda Warnings – Warnings Were Not Rendered Inadequate by Officer’s Subsequent Statements and Defendant Knowingly and Voluntarily Waived Rights Search and Seizure –Emergency Aid Exception Did Not Justify Warrantless Search of Defendant’s Home Per Curiam – Trial Court Erred in Imposing Restitution When Not Part of Plea Agreement Per Curiam – Trial Court Erred in Denying Plaintiff’s Fee Waiver Request Per Curiam – Civil Commitment – Trial Court Did Not Have Authority to Commit when Prior Commitment Order Still in Place Per Curiam – Trial Court Plainly Erred in Imposing Attorney Fees Per Curiam – Search Warrant Did Not Establish Nexus Between Illegal Activity and Defendant’s Trailer Per Curiam – Court Cannot Review Defendant’s Claim Due to Lack of Trial Court Ruling → read the full summaries... Oregon Supreme Ct - April 27, 2017 by: Sara Werboff • April 30, 2017 • no comments Uncharged Misconduct Evidence - OEC 404(3) and 404(4) Require Traditional OEC 403 Balancing - Remand to the Trial Court is the Proper Remedy Right to Self-Representation - Trial Court Erred as a Matter of Law in Concluding that Defendant Had No Right to Self-Representation Mid-Trial → read the full summaries... Oregon Appellate Ct - April 26, 2017 by: Sara Werboff • April 28, 2017 • no comments Trial Court Did Not Err in Amending Judgment Without Resentencing Defendant Civil Commitment – Insufficient Evidence that Appellant was a Danger to Himself Post-Conviction Relief – Petitioner Failed to Prove that Counsel’s Response to Vouching Testimony was Inadequate Post-Conviction Relief – Petitioner is Presumed to Know Immigration Law and Petition Did Not Fall into Escape Clause Failure to Appear Requires Proof that Defendant Knew of Court Date at Time He Failed to Appear Fines and Fees – Trial Court Did Not Err in Imposing Unitary Assessment and Criminal Fine but Did Err in Imposing County Assessments Juvenile Dependency – Trial Court Did Not Err in Changing Permanency Plan Attempt – Sufficient Proof of Substantial Step Traffic Violation – Violation for Pedestrian “Improperly Proceeding Along a Highway” Does Not Include Pedestrians Who Are Crossing Confessions – Defendant’s Confession was Inadmissible Because it was Induced by Promises and Threats Conviction for Improper Use of Emergency Communication System Requires Proof that Caller Knew He Was Calling for Prohibited Purpose Per Curiam – State Concedes Unlawful Search and Inventory → read the full summaries... Oregon Supreme Ct - April 20, 2017 by: Sara Werboff • April 21, 2017 • no comments Interference with a Peace Officer – “Passive Resistance” is Noncooperation with an Officer that Does Not Involve Violence or Other Active Conduct → read the full summaries... Oregon Appellate Ct - April 19, 2017 by: Sara Werboff • April 21, 2017 • no comments Search and Seizure – Defendant was Not Seized Under Oregon Law and Police Had Reasonable Suspicion Justifying Seizure Under Federal Law Search and Seizure – Defendant Did Not Have a Privacy Interest in a BAC Test Conducted for Medical Treatment Post-Conviction Relief – Relief Warranted When Trial Counsel Failed to Call Exculpatory Witness Second-Degree Escape - Insufficient Proof of Escape When Defendant in Custody on Probation Violation - Courtroom was Correctional Facility for Purposes of Escape Search and Seizure – Inventory of Defendant’s Bag was Lawful – Plain Error Imposing Attorney Fees Per Curiam – PCR Court Did Not Err in Dismissing Petition Under ORCP 21 A(3) Per Curiam – PCR Court Not Required to Respond to Petitioner’s Pro Se Claims → read the full summaries... Oregon Appellate Ct - April 12, 2017 by: Sara Werboff • April 14, 2017 • no comments Defendant Was Not Entitled to Grand Jury Notes – Court Will Not Exercise Discretion to Correct Sentencing Error Post-Conviction Relief – Petitioner Failed to Meet Burden to Show Evidence Would Be Admissible Post-Conviction Relief – Successive Petition is Procedurally Barred Evidence – Prior Acts Admissible to Prove Hostile Motive Restitution – No Good Cause for Delaying Restitution Hearing 203 Days After Judgment Evidence – Any Error in Admitting Curative Testimony was Harmless Post-Conviction Relief – Remand Required on Shackling Claim – Petitioner Not Entitled to Subpoena Victim Search and Seizure – Extension of Stop Justified by Reasonable Suspicion of DUII → read the full summaries... Oregon Appellate Ct - April 5, 2017 by: Sara Werboff • April 7, 2017 • no comments No Reversible Error in Excluding Evidence of Defendant’s Character – Error in Applying Departure Factors Restitution – Remand Required to Apply Ramos Per Curiam – Reversal Required when No Signed Jury Waiver Per Curiam – Reversing Attorney Fee Award Per Curiam – Trial Court Plainly Erred in Failing to Merge Guilty Verdicts Per Curiam – Reversing Sentence that Exceeded the Statutory Maximum Per Curiam – Reversing “Mandatory State Amt” Per Curiam – Reversing “Mandatory State Amt” Per Curiam – Juvenile Dependency – Termination of Parental Rights was Proper Per Curiam – Trial Court Erred in Failing to Conduct OEC 403 Balancing Required → read the full summaries... ________________________________________________ Search and Seizure Privacy Interest, Stops,Arrests, Consent, Warrant Exceptions, Suppression Exceptions, Search Warrants Forensic Science Ballistics, Bitemarks, Bloodstains, DNA, Eyewitness ID, Fingerprints, Handwriting ID, Polygraphs, Shaken Baby Evidence Code Procedure, Relevance, Privileges, Lay Witnesses, Experts, Hearsay, Physical Evidence Immigration Padilla, Agg Felonies, Inadmissibility, Removability, Moral Turpitude, Naturalization, Juveniles, U-Visas Crimes Measure 11, Drugs, Sex Crimes, Homicide, Property, DUII, Child Abuse, Other Crimes Self Incrimination Evidentiary Burdens, State Compulsion, Custody/Compelling Circumstances, Right to Silence, Impeachment Mental States Civil Commitments, Aid & Assist, GEI, Disordered Mental State, Mens Rea, Testing, DSM-IV Defenses Alibi, Necessity, Speedy Trial, Self Defense Oregon Constitution Speedy Trial, Right to Counsel, Confrontation, Double Jeopardy, Equal Privileges, Ex Post Facto, Venue |Trial Procedure Charging Decision, Discovery, Right to Counsel, Pretrial Motions Extradition Veterans and Military Service Created by Jess Barton. Sentencing Criminal Episodes,Merger, Consecutive Sentences, Mandatory Minimums, Probation, Restitution, Collateral Consequences

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