A Book from the Library of Defense
Namespaces
Variants
Actions

Library Collections

Webinars & Podcasts
Motions
Disclaimer

Welcome to The Library

From OCDLA Library of Defense
(Difference between revisions)
Jump to: navigation, search
Line 6: Line 6:
 
_________________________
 
_________________________
 
</td>
 
</td>
<!--<td valign="top" style="border-left: 3px solid #16759A;padding:0em">-->
 
 
<td style="vertical-align: top;" id="main-cases">
 
<td style="vertical-align: top;" id="main-cases">
Enter your email to get notice of new articles:<inputbox>
+
{{Special:FeaturedContent/100}}
type=email
+
width=20
+
buttonlabel=Signup
+
break=no
+
</inputbox>
+
________________________________________________
+
{{Special:Wikilog/Blog:Main/25}}
+
 
________________________________________________
 
________________________________________________
 
<table class="gallery">
 
<table class="gallery">

Revision as of 21:53, April 5, 2022


Oregon Court of Appeals, November 14th, 2024

by: Rankin Johnson

RIGHT TO COUNSEL - Waiver

THEFT - Mens rea

SENTENCING - Overlap between departure factor and elements

STALKING AND FAPA ORDERS - Mens rea

→ read the full summaries...

Oregon Supreme Court, November 7th, 2024

by: Rankin Johnson

APPEAL AND REVIEW - Plain Error

SUBPOENAS - Domestic violence services privilege

→ read the full summaries...

Oregon Court of Appeals, November 6th, 2024

by: Rankin Johnson

CLOSING ARGUMENT - Objections

SEARCH AND SEIZURE - Particularity

EVIDENCE - Video recordings

SEARCH AND SEIZURE - Computer searches

FINES, FEES, AND COSTS - Ability to pay

UNLAWFUL USE OF A WEAPON - Mens rea

→ read the full summaries...

Oregon Supreme Court, October 31st, 2024

by: Rankin Johnson

WAIVERS - Voluntariness and intoxication

→ read the full summaries...

Oregon Court of Appeals, October 30th, 2024

by: Rankin Johnson

SEARCH AND SEIZURE - Administrative searches

DUII - FSTs as scientific evidence

TRIAL PROCEEDINGS - Deadlocked jury

EVIDENCE - Vouching

EVIDENCE - Other bad acts

RIGHT TO COUNSEL - Waiver

→ read the full summaries...

Oregon Supreme Court, October 24th, 2024

by: Rankin Johnson

FIREARMS - Offenses carrying firearm prohibition

→ read the full summaries...

Oregon Court of Appeals, October 23rd, 2024

by: Rankin Johnson

-

UNLAWFUL USE OF A VEHICLE - Mens rea

SEARCH AND SEIZURE - Consent

TRIAL PROCEEDINGS - Request for continuance

→ read the full summaries...

Oregon Court of Appeals, October 16th, 2024

by: Rankin Johnson

SENTENCING - Jury findings

→ read the full summaries...

Oregon Court of Appeals, October 9th, 2024

by: Rankin Johnson

DUII - Refusal to submit to a breath test

JOINDER, SEVERANCE, AND ELECTION - Sufficient allegations

EVIDENCE - Vouching

DISORDERLY CONDUCT - Obstructing traffic

→ read the full summaries...

Oregon Supreme Court, October 3rd, 2024

by: Rankin Johnson

BAIL AND RELEASE - 60-day rule

→ read the full summaries...

Oregon Supreme Court, September 26th, 2024

by: Rankin Johnson

MENS REA - Extreme indifference

→ read the full summaries...

Oregon Court of Appeals, September 25th, 2024

by: Rankin Johnson

JUDGMENTS - Oral pronouncements

RIGHT TO COUNSEL - Reviewability

TRIAL PROCEEDINGS - Motions to dismiss

EXTREMELY-DANGEROUS-PERSON PROCEEDINGS - Nature of proceeding

→ read the full summaries...

Oregon Supreme Court, September 19th, 2024

by: Rankin Johnson

EVIDENCE - OEC 404(4)

→ read the full summaries...

Oregon Court of Appeals, September 18th, 2024

by: Rankin Johnson

DEFENDANT'S STATEMENTS - Compelling circumstances

→ read the full summaries...

Oregon Court of Appeals, September 4th, 2024

by: Rankin Johnson

STALKING/VRO/FAPA - Number of contacts

INCHOATE CRIMES - Accomplice witnesses

EVIDENCE - OEC 403 balancing

→ read the full summaries...

Oregon Court of Appeals, August 28th, 2024

by: Rankin Johnson

PROBATION - Burden of proof

WITNESSES - False-in-part instruction

TAMPERING WITH EVIDENCE - Elements

JUVENILE DELINQUENCY - Remand and jurisdiction

EVIDENCE - Vouching

POST-CONVICTION RELIEF - Amending petition

SENTENCING - Plea agreements

→ read the full summaries...

Oregon Court of Appeals, August 21st, 2024

by: Rankin Johnson

FREE SPEECH AND EXPRESSION - Telephonic harassment

SEX OFFENDER REGISTRATION - Risk of reoffense

DEFENSES - Right to instruction

THEFT - Theft comparison

→ read the full summaries...

Oregon Supreme Court, August 15th, 2024

by: Rankin Johnson

-

→ read the full summaries...

Oregon Court of Appeals, August 14th, 2024

by: Rankin Johnson

HEARSAY AND CONFRONTATION - Statements against interest

TRIAL PROCEDURE - Jury instructions

SHACKLING - Prejudice

→ read the full summaries...

Oregon Supreme Court, August 8th, 2024

by: Rankin Johnson

DUII - FSTs as scientific evidence

→ read the full summaries...

Oregon Court of Appeals, August 7th, 2024

by: Rankin Johnson

PUBLIC RECORDS - Exemptions

→ read the full summaries...

Oregon Court of Appeals, July 31st, 2024

by: Rankin Johnson

SEARCH AND SEIZURE - Nexus between facts and search location

SENTENCING - Reviewability

FAPA AND RESTRAINING ORDERS - Procedural requirements

SEARCH AND SEIZURE - Exploitation

SEARCH AND SEIZURE - Officer safety

HEARSAY AND CONFRONTATION - Business records

INFERENCES - Threatened violence

CLOSING ARGUMENT - Improper argument by prosecutor

→ read the full summaries...

Oregon Supreme Court, July 25th, 2024

by: Rankin Johnson

EVIDENCE - Other bad acts

→ read the full summaries...

Oregon Court of Appeals, July 24th, 2024

by: Rankin Johnson

PLEA AGREEMENTS - Material terms

→ read the full summaries...

Oregon Court of Appeals, July 17th, 2024

by: Rankin Johnson

SENTENCING - Allocution

INCHOATE CRIMES - Jury instructions

SEX OFFENDER REGISTRATION - Date

→ read the full summaries...

Oregon Supreme Court, July 11th, 2024

by: Rankin Johnson

KIDNAPPING - Asportation

→ read the full summaries...

Oregon Court of Appeals, July 10th, 2024

by: Rankin Johnson

MENTAL HEALTH DEFENSES - GEI

SEX OFFENDER REGISTRATION - Classification

INFERENCES -

SEARCH AND SEIZURE - Inventory

→ read the full summaries...

Oregon Supreme Court, July 5th, 2024

by: Rankin Johnson

EVIDENCE - Other bad acts

→ read the full summaries...

Oregon Court of Appeals, July 3rd, 2024

by: Rankin Johnson

SENTENCING - Restitution

SENTENCING - Double-counting departure factors

→ read the full summaries...

Oregon Court of Appeals, June 26th, 2024

by: Rankin Johnson

SENTENCING - Consecutive sentences

SEX OFFENDER REGISTRATION -

DEFENDANT'S TESTIMONY - Impeachment

CHARGING DOCUMENTS - Sufficiency

SEARCH AND SEIZURE - License plate covers

DEFENDANT'S STATEMENTS - Compelling circumstances

→ read the full summaries...

Oregon Court of Appeals, June 20th, 2024

by: Rankin Johnson

CONTROLLED SUBSTANCE OFFENSES - Frequenting

→ read the full summaries...

Oregon Supreme Court, June 13th, 2024

by: Rankin Johnson

RIGHT TO COUNSEL - Review of discretionary ruling

MENTAL HEALTH DEFENSES - Qualifying disorders

→ read the full summaries...

Oregon Court of Appeals, June 12th, 2024

by: Rankin Johnson

SENTENCING - Mandatory minima

FINES, FEES, AND COSTS - Fees not imposed at sentencing

→ read the full summaries...

Oregon Court of Appeals, June 5th, 2024

by: Rankin Johnson

SEARCH AND SEIZURE - Probable cause

RESTITUTION - Reasonableness of costs

MENTAL HEALTH DEFENSES - DNA samples and fingerprints

EXPUNGEMENT - Marijuana-offense

→ read the full summaries...

Oregon Supreme Court, May 31st, 2024

by: Rankin Johnson

WITNESSES - Impeachment

→ read the full summaries...

Oregon Court of Appeals, May 29th, 2024

by: Rankin Johnson

VOUCHING - Plain error

ASSAULT - Aided by another person actually present

JURY SELECTION - Basis for mistrial

→ read the full summaries...

Oregon Court of Appeals, May 22nd, 2024

by: Rankin Johnson

HEARSAY AND CONFRONTATION - Impeachment

→ read the full summaries...

Oregon Supreme Court, May 16th, 2024

by: Rankin Johnson

APPEAL AND REVIEW - Preservation

APPEAL AND REVIEW - Preservation

→ read the full summaries...

_________________________


________________________________________________