Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
___________________________________________________________________
Oregon Appellate Ct - Dec. 24, 2014
by: Abassos and Frangieringer • December 24, 2014 • no comments
- Restitution - Not Limited By Civil Rules
- DUII Breath Test - Right to Counsel Before Test - Officer Must Be Out of Earshot When Attorney Call is Made
- FAPA Restraining Order Violation - A Contact By Court Document Can Still Be a Contact
- Ct Appointed Atty Fees Require a Finding of Ability to Pay
- PCR - IAC - Advice to Plea to Agg Murder With Death On the Table is Not Necessarily Ineffective
- Invited Error - Attorney Fees
- Stops – Fourth Amendment Extension – Passengers
- Preservation of Error – Disagreeing with Case Law Not Sufficient to Preserve Error
- Civil Commitment – Where Serious Disability, COA Looks Beyond Concession of Error
- Dependency – Continuing Jurisdiction Cannot be Based on Past Parental Behavior Without Evidence of Future Harm
- SPO – General Fear of Harm Following Reception of Benign Letters Not Sufficient for SPO
- Burglary – Exceeding an Implied License to Use Property is a Trespass
Oregon Appellate Ct. - Dec. 17, 2014
by: Frangieringer and Abassos • December 17, 2014 • no comments
- SPO – Imminent Threat Doesn’t Have To Be Immediate, Just “Ready To Take Place”
- 1st Degree Disorderly Conduct – Commenting on an Online Post is Not Circulating a Report
- Civil Commitment – Health Threat Must Implicate a Person’s Ability to Survive
- Sentencing – Consecutive Sentences Where Damage Shows Willingness to Commit Another Offense
- Vouching – No Duty for Courts Sua Sponte to Preclude Testimony on Rates of Truthful Reporting
- Per Curiam: Violating A Stalking Protective Order – Prejudice to Admit Complainant’s SPO Petition
U.S. Supreme Ct. - Dec. 15, 2014
by: Frangieringer and Abassos • December 15, 2014 • no comments
- Mistake of Law – A Reasonable, But Wrong, Interpretation of an Ambiguous Statue Does Not Void a Stop under the Fourth Amendment
Oregon Appellate Ct. - Dec. 10, 2014
by: Frangieringer and Abassos • December 10, 2014 • no comments
- Searches & Seizures – No Expectation of Privacy in Bank Records Created During Regular Operations
- Hearsay – Testimony of Prior Strangulation/Drunkenness Admissible To Show State of Mind
- Search and Seizure – Unlawful for Police to Hold Item When Item Could Be Given to Third Party
- Sex Abuse – Holding a Door Shut Is Forcible Compulsion
- Jury Instruction – Must Present Evidence of Involuntariness for Involuntariness Instruction
- Ineffective Assistance of Counsel – Counsel May Enter Plea to Reflect Client’s Actual Wishes
Oregon Appellate Ct. - Dec. 3, 2014
by: Frangieringer and Abassos • December 3, 2014 • no comments
- Miranda – Voluntary Statements Obtained From Flagrant Violation of Miranda Must Be Suppressed
- Third Party Consent Search – Joint Occupant Can’t Consent to Search of Items in Shared Bedroom
- Trespass – Owner of Mobile Home Park Can Exclude From Land, But Not Mobile Home on Land
- SPO – Neighborly Irritation is Not Grounds for an SPO
- SPO – Driving and Visiting Neighbors in Petitioner’s Neighborhood Not Threat to Personal Safety
- Search & Seizure – Appearing Intoxicated Is Not Sufficient to Justify a Dog Sniff
Oregon Appellate Ct. - Nov. 26, 2014
by: Frangieringer, Abassos and Alarson • November 26, 2014 • no comments
- Providing False Information – Officer Must Know of Arrest Warrant to Convict Under ORS 162.385
- Expectation of Privacy – No Privacy in Utility Subscriber Information
- Temporary Custody – Intermittently Watching over Young Children is Sufficient to Show Control
- Dependency Hearing – Must Look at Parent’s Behavior Throughout the Life of the Case
- Permanency Hearings – DHS Must Look at Both Parents For Unification
- Matrix Sentencing System – Board of Parole Can Choose Election Date That Gives Most Information
- Restitution – Criminal Conduct Must be the “But For” Cause of the Expenses
- Aid and Abet - Accomplice Liability Allowed for Assault-3
Oregon Appellate Ct. - Nov. 19, 2014
by: Frangieringer and Abassos • November 19, 2014 • no comments
- Sentencing – Conduct from One Event That Led To the Same Harm Should Be Sentenced Concurrently
- Commitment Hearings – Courts Must Advise Defendant of Rights Even If Represented By Counsel
- Restricted Weapons – Ninja Climbing Claws Are Not Metal Knuckles
Oregon Appellate Ct. - Nov. 13, 2014
by: Frangieringer, Abassos and Alarson • November 13, 2014 • no comments
- Mistrial – Jury Instruction Mitigates Where Jury Infers That Prior Bad Act Was Unfounded
- Sentencing – No Shift To Concurrent Sentences Where Sex Abuse Is Separate Incident
- Jurisdiction – City And State Have Concurrent Jurisdiction Over Misdemeanors Charged In Municipal Court
- Effective Counsel – Issues Raised Pre-trial, But Not In Trial Are Preserved
- Juvenile Jurisdiction – Mental Health Services Not Required if Other Active Efforts Shown
- IPO – Requires an Intentional Mental State
- Jurisdiction – Constitutional Claims Outside of ORS 138.050 Must Wait For PCR
Oregon Supreme Ct. - Nov. 6, 2014
by: Frangieringer and Abassos • November 6, 2014 • no comments
Search & Seizure – A Valid Warrant Does Not Remove The Taint of A Bad Stop
→ read the full summaries...Oregon Appellate Ct. - Nov. 5, 2014
by: Frangieringer and Abassos • November 5, 2014 • no comments
- Inventory Searches – Policy Allowing Searches of Containers That May Hold Food Or Alcohol Are Overbroad
- Demeanor Testimony – COA Is Really Serious, Witnesses Cannot Testify About Credibility
- Restitution – Complainant’s Security Measures Against Defendant Are Recoverable
Oregon Supreme Ct. - Oct. 30, 2014
by: Frangieringer and Abassos • October 30, 2014 • no comments
Death Penalty – Multi-Holding Case On Miranda, Jury Selection, Defining Dangerous Offenders, Jury Instructions and Age Categories For Murder By Abuse
→ read the full summaries...Oregon Appellate Ct. - Oct. 29, 2014
by: Frangieringer and Abassos • October 29, 2014 • no comments
- Impeachment – Prior Acts Only Relevant If They Go To The Precise Fact Testified To
- Identity Theft – Withdrawing Funds As A Legal Joint Account Holder Is Not Identity Theft
- Distribution – Spending A Month At A Grow House Sufficient To Show Intent to Deliver
- Continuance – Obtaining New Counsel A Day Before Trial Grounds For Continuance
- Stalking Protective Order – Prior Non-Injurious Contact Contributes To Objective Fear in Later Verbal Contact
- Alcohol to Minors – Tenant Does Not Authorize Access To Alcohol By Merely Being Present
- Traffic – Needing To Use The Bathroom Is Not An Excuse To Impeding Traffic
- Search – Straw Considered Drug Paraphernalia
- Stalking Protective Order – A Letter Is Not An Object
Oregon Appellate Ct. - October 22, 2014
by: Frangieringer and Abassos • October 22, 2014 • no comments
- Physical Injury - Hair Pulling Neither Physical Impairment Nor Substantial Pain
- Permanency Hearings -- Out-of-court Statements Not a Violation of Parents’ Due Process
- Witness’ Competency -- Admissible Opinion Testimony
- Parole – Parole Board May Delay Release For Potential Danger To The Community
- Vouching – Not Plain Error To Admit Testimony Of Whether Victim Was Faking Distress
- Warrantless Search – Requiring Defendant To Submit to HGN Test in Courtroom is a Search
- Per Curiam: COA Will Review Plain Error Decisions Not To Merge
Oregon Appellate Ct - Oct. 15 2014
by: Frangieringer and Abassos • October 15, 2014 • no comments
- Traffic Stop – Passenger Not Stopped When He Should Reasonably Feel Free to Leave
- Hearsay Exception – Statement Admitted Through OEC 803 Must Be Precisely Identified
- Hearsay Exception – Continued Stress From A Threat of Death Extends Excited Utterance
- Expert Testimony – Police Observations of Intoxication Is Not Scientific Testimony
- Right to Silence – Refusal To Speak To Cops Cannot Be Used As Indication of Guilt
- Theft – State Only Need Prove Some Value For Theft 3
- Merger – Offenses merge when each offense has an element that the other lacks
- Merger – Trial Court Must Decide Merger Before Considering Consecutive Sentence
- Permanency Plans – TPR Judgment Set Aside After Permanency Plan Was Reversed
- Speedy Trial – Delay Due To Defendant’s Flight Reasonable When Pursued By Authorities
- Per Curiam - DUII Fees And Unitary Assessment Do Not Apply To Reckless Driving
Oregon Appellate Ct - Oct. 8, 2014
by: Frangieringer and Abassos • October 8, 2014 • no comments
- Kidnapping – Isolating Movement In Same Building Satisfies Asportation Element
- Interstate Detainers – No Unreasonable Delay When Caused by Transfer Process Itself
- Plain Error – Not Plain Error To Find That Cigarette Burn Could Result in Serious Injury
- Child Custody - Child's Injuries While In Father's Care Sufficient for DHS Jurisdiction
- Searches - Defendant's Lack Privacy In Digital Copy of Texts Sent To Third Party's Phone
- Seizure - Approaching A Car and Asking For ID and Then Consent to Search is Not a Stop
- Severance - Not Required Where State's Examination of Defendant Is Limited To Case Defendant Testifies On
- Jury Instructions - Don't Need to Give Leistiko Instruction Where State Is Not Associating Defendants' Conduct
- Attorneys Fees - Court May Impose If Circumstances Show Potential Of Paying In The Future
- Searches - Police Do Not Have Implied Consent To Enter Backyard Without A Warrant
Oregon Appellate Ct - Oct. 1, 2014
by: Abassos and Francis Gieringer • October 1, 2014 • no comments
- PCR - It's Not IAC to Not Request a Lesser Included When Theory is That Crime Never Occurred
- Inevitable Discovery Only Applies Where Other Means for Obtaining Evidence Were Inevitable
- When Evidence Is Scientific and Requires Foundational Expert Testimony
Oregon Appellate Ct - Sept. 24, 2014
by: Abassos and Francis Gieringer • September 24, 2014 • no comments
- Potential Prosecutorial Misconduct Must Be Looked At In Context
Oregon Appellate Ct. - Sept. 17, 2014
by: Abassos, Francis Gieringer and Alarson • September 17, 2014 • no comments
- Prior Bad Acts - Old Assault By Complainant Against Defendant Relevant to Reasonableness of Self-Defense
- Search Incident to Arrest - Full Search of Passenger Compartment Incident to a DUII Arrest is Permissible
- Merger - Offense Subcategory Allegations Neither Preclude Nor Create Merger
- Possession of a Burglary Tool – State Must Prove Intent to Use By More than Mere Possession
- Asking For, Taking and Checking a Person's ID is Not a Sufficient Show of Authority to Constitute a Stop
Oregon Supreme Ct - Sept. 14, 2014
by: Abassos and Francis Gieringer • September 14, 2014 • no comments
Parole Board Decisions Postponing Release Are Subject to Judicial Review
→ read the full summaries...Oregon Appellate Cases - Sept. 10, 2014
by: Abassos and Francis Gieringer • September 10, 2014 • no comments
- Stalking Order - Qualifying Contacts - Alarm and Apprehension
- A Pretrial Affidavit Waives Self-Incrimination for the Contents of the Affidavit
- Vehicle Exception and Officer Safety - Backpack in a Car
- IPO - Passive Resisting = Techniques Associated with Civil Disobedience
- Stop - Pat Down - Proximity to a Robbery
- Stops - Extension - Unavoidable Lull
- Pat Down - Vague Statement Regarding Possessing a Weapon
- Assault - Self Defense - Error to Instruct on Complainant's Lawful Use of Force
- Assault of an Estranged Stepchild is Not DV
- Restitution May Not Be Imposed on Codefendant For Uncharged Crimes
- Felon In Possession of a Firearm - No Merger Where Guns Obtained at Different Times with Sufficient Pause Between
- PC for FSTs - Physical Signs of Intoxication Not Necessary
