Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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Oregon Appellate Court - October 9, 2013
by: Jevans, Alarson, Cmaloney and Abassos • October 10, 2013 • no comments
- A Defendant’s Ability to Pay Attorney Fees Must be Supported by the Record.
- A Day-of-Trial Motion to Consolidate Is Untimely.
- A Jury Instruction Creates the Law of The Case.
- Expungement - Contempt Is Not a Conviction
- FTA May be Based on Violating an Unsworn Security Release
- Six Person Jury Trials for Misdemeanors are Constitutional
- Unlawful Search - Defendant Must Prove Nexus Between Evidence and Police Misconduct
- Error to Unconditionally Admit Prior Act Evidence to Prove Intent When Defense is that the Act Never Occurred.
- Civil Commitment - Dangerous to Self - Untreated Diabetes
Oregon Supreme Court - October 3, 2013
by: Jwestover, Alarson, Cmaloney and Abassos • October 3, 2013 • no comments
- Article I, § 42, the victims rights provision, provides procedural rights, not redress for substantive disputes
- No Jury Trial for Restitution in a Delinquency Case
- Misdemeanors Reduced to Violations Retain the Right to a Jury Trial Where They Retain Attributes of a Crime
Oregon Appellate Court - October 2, 2013
by: Cmaloney, Alarson and Abassos • October 2, 2013 • no comments
- Concealing a White Envelope is Not PC
- A Drug Dog’s Alert Must be Reliable To Provide PC
Oregon Appellate Court - September 25, 2013
by: Abassos, Alex Flood, Alarson and Cmaloney • September 25, 2013 • no comments
- Opening the Door of a Locked Public Restroom is a Search
- Emergency Aid Exception May Be Used to Protect Animals
- A Parole Board's Use of a Mental Disability to Deny Parole Does Not Violate the ADA
- PCR - Inadequate Assistance - Uncertainty = Prejudice
- Permanency - A Finding to Retain Jurisdiction Requires Current Risk of Harm to the Child
Oregon Appellate Court - September 18, 2013
by: Cmaloney and Abassos • September 18, 2013 • no comments
- Escape II – No escape occurs when a temporarily released inmate walks away from an authorized program
Oregon Supreme Court, September 12, 2013
by: Alex Flood and Abassos • September 12, 2013 • no comments
- Prosecutorial Discretion – Privileges or Immunities Clause Not Violated So Long As Decision Has Rational Basis
- Sentence Enhancement Facts Do Not Need to be Plead in the Indictment
Oregon Appellate Court - September 11, 2013
by: Alarson and Abassos • September 11, 2013 • no comments
- Miranda Rights Must Be Repeated When There's a Material Change in Circumstances
Oregon Appellate Court - September 5, 2013
by: Abassos • September 6, 2013 • no comments
- Unlawful Sound Recording is Preempted by Copyright Act - But Only for Recordings after February, 1972
- Parole Board Must Provide Some Reasoning for a Parole Denial
Oregon Appellate Court - August 28, 2013
by: Abassos • August 28, 2013 • no comments
- Burglary Requires Criminal Intent at the Initiation of a Criminal Trespass
- Possession/Manufacture of a Destructive Device - Pyrotechnics Don't Count
- Corroboration is Not "Bolstering
Oregon Appellate Court - August 21, 2013
by: Abassos • August 21, 2013 • no comments
- 803(18)(a)(b) Child Abuse Hearsay Exception - Sufficiency of Notice
- Endangering the Welfare of a Minor - Possession of Drugs in the Presence of a Minor May Be Enough
- PCR - Failure to Object to Vouching
- Criminal Trespass - A Tenant Can Override a Landlord's Exclusion
Oregon Supreme Court - August 15, 2013
by: Jevans and Abassos • August 16, 2013 • no comments
- Portland’s Gun Ordinance is Not Constitutionally Deficient Because Overbreadth Challenges No Longer Apply to Gun Rights
- Felon in Possession of a Firearm - A Felony Later Reduced to a Misdemeanor Is Not a Felony
Oregon Appellate Court - August 14, 2013
by: Sonja Good Stefani, Alex Flood, Alarson, Zara Lukens and Abassos • August 15, 2013 • no comments
- “Prior Bad Acts” Are Inadmissible to Prove Intent Unless Intent Is At Issue
- Frequenting - A Roommate Is Not Presumed to Be in Constructive Possession of Defendant's Drugs
- Discovery of Arrest Warrant Still Attenuates the Taint of Prior Unlawful Conduct
- Hearsay - Medical Diagnosis or Treatment - Child’s Statements to CARES
- A Parole Denial Should Not Rely On An Inaccurate Psych Eval
- No Reasonable Suspicion – Leaving the Area of a Closed Business
- Reasonable Suspicion Under Totality of Circumstances
- Civil Commitment - Basic Needs - Court Must Look to Available Resources
- Vouching - Plain Error When Credibility the Primary Issue
- Termination of Parental Rights - ICWA - Mental Condition
- Dependency - Permanency Plan - Sufficient Progress
- Dependency - A Permanency Order Must Include a “No Compelling Reason” Finding
- Dependency - Change of Permanency Plan - Reasonable Time
- Dependency Jurisdiction - Marijuana Use
- Dependency Jurisdiction - History of Domestic Violence
Oregon Appellate Court - August 7, 2013
by: Abassos • August 7, 2013 • no comments
- Statute of Limitations - Crimes Occurring Over a Span of Time
- Prior Convictions for Impeachment - OJIN is a Public Record
- Applying the Correct Law Does Not Create a “Windfall” for the Defendant
- Other Bad Acts - A Simple Prior Sex Crime Will Rarely Be Relevant to Intent or Consent
Oregon Appellate Court - July 31, 2013
by: Zara Lukens, Alex Flood and Abassos • July 31, 2013 • no comments
- Mere Acquiescence – Consent is Valid if Officer’s Statement Conveys a Choice to the Listener
- Prior Bad Acts – Sex Offenses – Harmless Error
- Past Deliberate Indifference Insufficient to Support Habeas Relief
Oregon Supreme Court - July 25, 2013
by: Zara Lukens and Abassos • July 25, 2013 • no comments
- Certification of Service of a Restraining Order Does Not Trigger Confrontation Rights
- Privacy Requirement of OEC 412 is Constitutional
Oregon Appellate Court - July 17, 2013
by: Sonja Good Stefani, Zara Lukens and Abassos • July 17, 2013 • no comments
- Automobile Exception - Vehicle Need Not Be Mobile at Time of Stop
- Defendant can waive counsel without understanding all potential defenses
Oregon Appellate Court - July 24, 2013
by: Alarson, Sonja Good Stefani, Zara Lukens and Abassos • July 17, 2013 • no comments
- Retrograde Extrapolation - Foundational Showing of Scientific Validity Necessary
- Victim’s Rights - Restitution May Be Retroactively Imposed
- Multiple Probation Violation Sentences for a Single Violation Must Be Concurrent
- Speedy Trial – 10 Month “Routine Scheduling” Delay is Reasonable
- Reasonable Suspicion – Drug Possession
- “Presumptive Evidence” Means “Evidence”, Not a Conclusion of Law
United States Court of Appeals, 9th Circuit -- July 15, 2013
by: Alex Flood • July 17, 2013 • no comments
- Incorrect translation of Miranda rights did not reasonably convey defendant’s right to appointed counsel
Oregon Appellate Court - July 10, 2013
by: Zara Lukens, Alarson, Sonja Good Stefani and Abassos • July 10, 2013 • no comments
- Statute of Limitations Facts Must Be Specifically Pled
- PCR – Sentencing Mitigation
- Prejudicial Details of Crime May Be Admissible to Demonstrate Victim’s Memory
- Request for Self-Representation May Be Rejected Because It Is Contingent on a Setover
- Trial Counsel Was Not Inadequate Where He Allowed an Ag Murder Plea After Advising Defendant of Options and Timelines
- Merger - Multiple Crimes Within the Same Date Range
Oregon Supreme Court - July 5, 2013
by: Sonja Good Stefani and Abassos • July 8, 2013 • no comments
- Stops - Extension – Investigation During Records Check Okay
