Blog:Main/Two big cases from OSC out tomorrow - Revision history

Ryan@ryanscottlaw.com at 01:33, December 12, 2013

2013-12-12T01:33:44Z

Ryan@ryanscottlaw.com at 01:27, December 12, 2013

2013-12-12T01:27:01Z

Ryan@ryanscottlaw.com: Created page with "
If you handle DUII cases, you'll want to check out tomorrow's big OSC opinion in ''State v. Moore''. The question presented, per the OSC press release from May, 2012..."

2013-12-12T01:26:42Z

Created page with "<summary>If you handle DUII cases, you'll want to check out tomorrow's big OSC opinion in ''State v. Moore''. The question presented, per the OSC press release from May, 2012..."

New page

<summary>If you handle DUII cases, you'll want to check out tomorrow's big OSC opinion in ''State v. Moore''. The question presented, per the OSC press release from May, 2012, is:</summary>

:If a police officer, in compliance with the implied-consent law, ORS 813.100(1) and ORS 813.131(1), provides a person who has been arrested for DUII with the advice of the rights and adverse consequences that is set forth in ORS 813.130(1), does
that advice invalidate the person's otherwise voluntary consent to provide blood and urine samples?

''State v. Pipkin'' is tomorrow's other big case. It is the court's first big boots/houston opinion in years. Could be especially important if your client is an accomplice or charged with burglary. The questions presented in ''Pipkin'':

:(1) When the state charges a defendant with alternative theories of the same crime in the same count, must the jury agree on at least one of those theories, even though guilty verdicts for those theories will merge into a single crime?

:(2) Do "unlawfully entering" and "unlawfully remaining" constitute alternative theories of the crime of burglary, and, therefore require that either (a) the jury agree on at least one of those theories or (b) the state elect which theory to present to the jury, even though guilty verdicts for those two alternatives would merge into a single
conviction?
{{wl-publish: 2013-12-11 17:26:42 -0800 | Ryan:Ryan Scott }}

@@ Line 1: / Line 1: @@
 <summary>If you handle DUII cases, you'll want to check out tomorrow's big OSC opinion in ''State v. Moore''.  The question presented, per the OSC press release from May, 2012, is:</summary>
-:If a police officer, in compliance with the implied-consent law, ORS 813.100(1) and ORS 813.131(1), provides a person who has been arrested for DUII with the advice of the rights and adverse consequences that is set forth in ORS 813.130(1), does
+:If a police officer, in compliance with the implied-consent law, ORS 813.100(1) and ORS 813.131(1), provides a person who has been arrested for DUII with the advice of the rights and adverse consequences that is set forth in ORS 813.130(1), does that advice invalidate the person's otherwise voluntary consent to provide blood and urine samples?
 that advice invalidate the person's otherwise voluntary consent to provide blood and urine samples?
 ''State v. Pipkin'' is tomorrow's other big case.  It is the court's first big boots/houston opinion in years.  Could be especially important if your client is an accomplice or charged with burglary.  The questions presented in ''Pipkin'':

@@ Line 8: / Line 8: @@
 :(1) When the state charges a defendant with alternative theories of the same crime in the same count, must the jury agree on at least one of those theories, even though guilty verdicts for those theories will merge into a single crime?
-:(2) Do "unlawfully entering" and "unlawfully remaining" constitute alternative theories of the crime of burglary, and, therefore require that either (a) the jury agree on at least one of those theories or (b) the state elect which theory to present to the jury, even though guilty verdicts for those two alternatives would merge into a single
+:(2) Do "unlawfully entering" and "unlawfully remaining" constitute alternative theories of the crime of burglary, and, therefore require that either (a) the jury agree on at least one of those theories or (b) the state elect which theory to present to the jury, even though guilty verdicts for those two alternatives would merge into a single conviction?
 conviction?
 {{wl-publish: 2013-12-11 17:26:42 -0800 | Ryan:Ryan  Scott  }}

Blog:Main/Two big cases from OSC out tomorrow - Revision history

Ryan@ryanscottlaw.com at 01:33, December 12, 2013

Ryan@ryanscottlaw.com at 01:27, December 12, 2013

Ryan@ryanscottlaw.com: Created page with "If you handle DUII cases, you'll want to check out tomorrow's big OSC opinion in ''State v. Moore''. The question presented, per the OSC press release from May, 2012..."

Ryan@ryanscottlaw.com: Created page with "
If you handle DUII cases, you'll want to check out tomorrow's big OSC opinion in ''State v. Moore''. The question presented, per the OSC press release from May, 2012..."