Oregon Appellate Court--January 30, 2019
by: Rankin Johnson • February 12, 2019 • no comments
Line 27: | Line 27: | ||
[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/22042/download#page=1&zoom=auto State v. Hainline] 295 Or App 837 (January 30, 2019) (Per curiam) (Clackamas County, Miller) | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/22042/download#page=1&zoom=auto State v. Hainline] 295 Or App 837 (January 30, 2019) (Per curiam) (Clackamas County, Miller) | ||
{{wl-publish: 2019-02-12 11:18:42 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson IV }} | {{wl-publish: 2019-02-12 11:18:42 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson IV }} | ||
+ | |||
+ | == Case Reviews/Oregon Appellate Court -- January 16, 2019 |
Latest revision as of 13:46, March 7, 2019
Summarized by Rankin Johnson, OCDLA
SPEEDY TRIAL - Time excluded from calculation
Time during which defendant sought mandamus was excluded from speedy-trial calculation. Reversed on state's appeal.
Before his DUII trial, defendant issued subpoena duces tecum to the arresting officer, directing him to bring documents to court. The officer did not bring the documents, defendant sought a contempt finding, the court declined to issue a contempt finding, and defendant sought mandamus. The trial was stayed, on defendant's request, while mandamus was pending. The Court of Appeals held that, by statute, the duration of a defense-requested stay was excluded from the speedy-trial calculation.
State v. McGee 295 Or App 801 (January 30, 2019) (Armstrong) (Multnomah County, Wittmayer)
THEFT - Theft by receiving
Returning stolen property to a merchant for a refund is not theft by receiving. Reversed.
State v. Ellingson 295 Or App 815 (January 30, 2019) (Ortega) (Deschutes County, Forte)
SENTENCING - Trial penalty
Trial court plainly erred by increasing defendant's sentence because defendant exercised right to trial. Remanded for resentencing.
State v. Hainline 295 Or App 837 (January 30, 2019) (Per curiam) (Clackamas County, Miller)
== Case Reviews/Oregon Appellate Court -- January 16, 2019