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2012-12-21T00:22:34Z

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''Read the full article for details about the following new cases:''
* DUII Bicycle - Driving Revocation
* VRO Contempt - Not a Conviction
* Stalking - Motion to Seal the File
* Preservation of Jury Instruction Objection - Must except after instructions are read

===DUII - bicycle - driving revocation===

A defendant can have his driving privileges permanently revoked for a bicycle DUII. Defendant argued that since driving privileges aren't required for riding a bicycle the revocation statute shouldn't apply. The appellate court finds that a DUII is a DUII and revocation is required for a third DUII without regard to the manner in which it is committed.
[http://www.publications.ojd.state.or.us/A141099.htm ''State v. Abbey'']

===VRO - Contempt - Not a Conviction===

Contempt of Court is not a crime, even if it is charged in an information or indictment. It's an exercise of the court's inherent judicial authority. Thus, a person found in contempt is neither convicted nor sentenced as is a criminal defendant.
[http://www.publications.ojd.state.or.us/A142618.htm ''State v. Reynolds'']

===Stalking - Motion to Seal the File===

It's not clear that judges have the authority to seal the court file after the respondent wins a stalking order hearing. Respondent argued that his right to be protected from stigma outweighs the public's right to transparency or information. Respondent apparently did not argue why a judge's ability to seal files is necessary to enable courts to perform their judicial function. The appellate court is disinclined to fill in a reason.
[http://www.publications.ojd.state.or.us/A140030.htm ''Cox v. M.A.L.'']

===Preservation - Jury Instruction - Must except after instructions are read===

The trial court's failure to give defendant's requested jury instruction was unreviewable because defendant did not except to the failure immediately after the instructions were read.
[http://www.publications.ojd.state.or.us/A139776.htm ''State v. Pena'']

{{wl-publish: 2010-12-07 21:00:00 -0800 | abassos }}

Blog:Case Reviews/Oregon Court of Appeals 12-08-10 - Revision history

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