Case Reviews/Oregon Appellate Court, August 28 2019

 <summary hidden>
TRIAL PROCEDURE - Motions to correct judgment
RESTITUTION - Restitution and insurance
SEARCH AND SEIZURE - Intoxication and reasonable suspicion
SEARCH AND SEIZURE - Inventory
DUII - FSTs and Rohrs admonishment
CIVIL COMMITMENT - Service of process
</summary> 

'''Summarized by Rankin Johnson, OCDLA'''

'''TRIAL PROCEDURE - Motions to correct judgment'''

State's appeal. Trial court erred by correcting true-life sentence for murder; any error was not correctible through motion to correct judgment. Reversed and remanded.

[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24661/download#page=1&zoom=auto State v. Ventris]  299 Or App 124 (August 28, 2019) (Egan) (Columbia County, Grove)

'''RESTITUTION - Restitution and insurance'''

Medical expenses for child victim were not 'damages' to child, but rather to the child's parents, and thus by statute not restitutable. Reversed and remanded.

[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24666/download#page=1&zoom=auto State v. White]  299 Or App 165 (August 28, 2019) (Lagesen) (Washington County, Roberts)

'''SEARCH AND SEIZURE - Intoxication and reasonable suspicion'''

Officer's belief that defendant was under the influence of methamphetamine was not a basis to stop defendant. Affirmed.

Defendant was observed in his car parked on a public road, apparently having a seizure. A responding police officer concluded that defendant was actually under the influence of methamphetamine. The Court of Appeals explained that a belief that a person is under the influence, without more, is not reasonable suspicion that the person possesses a controlled substance, and, therefore, is not a basis to stop the person. 

[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24670/download#page=1&zoom=auto State v. Schmitz]  299 Or App 170 (August 28, 2019) (Powers) (Wheeler County, Ostrye)

'''SEARCH AND SEIZURE - Inventory'''

Inventory policy permitting inventory of fanny packs and briefcases also permitted inventory of backpack. Affirmed.

[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24668/download#page=1&zoom=auto State v. Salkoski]  299 Or App 180 (August 28, 2019) (Landau) (Washington County, Bailey)

'''DUII - FSTs and Rohrs admonishment'''

State conceded that, under unique facts of this case, defendant's refusal to submit to FSTs was an invocation of his right against unreasonable searches and thus was not admissible against him. Reversed and remanded.

[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24673/download#page=1&zoom=auto State v. Stills]  299 Or App 194 (August 28, 2019) (Per curiam) (Deschutes County, Bagley)

'''CIVIL COMMITMENT - Service of process'''

Court plainly erred by civilly committing appellant when he had not been issued a citation. Affirmed.

[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24660/download#page=1&zoom=auto State v. R.E.F]  299 Or App 199 (August 28, 2019) (Per curiam) (Coos County, Pruess)
{{wl-publish: 2019-08-28 19:59:44 -0700 | Rankinjohnsonpdx@gmail.com:Rankin  Johnson IV }}