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The Brown-Poston Demurrerby: Ryan Scott • September 28, 2023 • no comments This is from a Brown-Poston demurrer. SUMMARY OF ARGUMENT
Updated Argument on Gun Minimumby: 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 Departuresby: 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, 2023by: Rankin Johnson DOUBLE JEOPARDY - Retrials APPELLATE PROCEDURE - Proceedings on remand SENTENCING - Sentencing credits PRESERVATION - Waiver Oregon Court of Appeals, September 13th, 2023by: 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 Oregon Court of Appeals, September 6th, 2023by: Rankin Johnson PROBATION - Polygraphs as probation condition RESTITUTION - Reasonableness of bills Oregon Court of Appeals, August 30th, 2023by: Rankin Johnson DUII - Statutory counterparts EVIDENCE - Vouching INEFFECTIVE ASSISTANCE OF COUNSEL - Mitigation _________________________ |
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