Case Reviews
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Oregon Supreme Court - April 4, 2019
by: Rankin Johnson • April 5, 2019 • no comments
VOUCHING — Indirect evidence of witness truthfulness POST-CONVICTION RELIEF — Untimely petitions
→ read the full summaries...Oregon Appellate Court--March 27, 2019
by: Rankin Johnson • March 27, 2019 • no comments
SEARCH AND SEIZURE - Officer safety EXTREME EMOTIONAL DISTURBANCE - Evidence relevant to defense APPELLATE PROCEDURE - Incomplete record
→ read the full summaries...Oregon Appellate Court--March 13, 2019
by: Rankin Johnson • March 21, 2019 • no comments
IDENTITY THEFT - Using another person's PIN in jail WAIVER - Waiver induced by fear of death penalty
→ read the full summaries...Oregon Supreme Court - February 28, 2019
by: Rankin Johnson • March 12, 2019 • no comments
EVIDENCE — Hearsay, official records, and business records. FAILURE TO APPEAR — 'Released from custody' element of offense POST-CONVICTION RELIEF — Statute of limitations escape clause
→ read the full summaries...Oregon Appellate Court--February 27, 2019
by: Rankin Johnson • February 28, 2019 • no comments
ATTEMPT AND SOLICITATION - Defined and distinguished MIRANDA - Defendant's understanding of Miranda warnings INVENTORY - Jail inventory policies
→ read the full summaries...Oregon Appellate Court--February 21, 2019
by: Rankin Johnson • February 25, 2019 • no comments
PROBATION - Authority of probation officer CIVIL COMMITMENT - Results of recommitment APPEAL AND REVIEW - Appeal from municipal court PARTIAL RESPONSIBILITY - Jury instructions JUVENILE DELINQUENCY - Permissible probation terms
→ read the full summaries...Oregon Appellate Court--February 13, 2019
by: Rankin Johnson • February 15, 2019 • no comments
RIGHT TO PRESENCE AT TRIAL - Conduct constituting waiver SELF-INCRIMINATION - Equivocal invocation MENTAL STATES - knowledge required for possession of methamphetamine conviction
→ read the full summaries...Oregon Appellate Court--January 30, 2019
by: Rankin Johnson • February 12, 2019 • no comments
SPEEDY TRIAL - Time excluded from calculation THEFT - Theft by receiving SENTENCING - Trial penalty
→ read the full summaries...Oregon Supreme Court - January 31, 2019
by: Rankin Johnson • February 2, 2019 • no comments
CONSTITUTIONAL LAW — Statutes reducing sentencing laws adopted by referendum RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver
→ read the full summaries...Oregon Appellate Court--January 24, 2019
by: Rankin Johnson • January 29, 2019 • no comments
SEARCH AND SEIZURE - Basis to extend stop
→ read the full summaries...Oregon Appellate Court--January 9, 2019
by: Rankin Johnson • January 16, 2019 • no comments
SENTENCING - Marijuana use EVIDENCE - Other-bad-acts THEFT - Theft by selling FITNESS FOR TRIAL - Findings of fact
→ read the full summaries...Oregon Appellate Court--January 3, 2019
by: Rankin Johnson • January 8, 2019 • no comments
FINES, FEES, AND COSTS - Ability to pay APPEAL AND REVIEW - Proceedings on remand SEARCH AND SEIZURE - Officer safety
→ read the full summaries...Oregon Appellate Court--December 19, 2018
by: Rankin Johnson • December 20, 2018 • no comments
APPEAL AND REVIEW - Motions to correct the judgment POST-CONVICTION RELIEF - Natural-and-probable-consequences instruction SENTENCING - Merger
→ read the full summaries...Oregon Supreme Court - December 13, 2018
by: Rankin Johnson • December 20, 2018 • no comments
SEARCH AND SEIZURE — Property held by third parties RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver
→ read the full summaries...Oregon Appellate Court--December 5, 2018
by: Rankin Johnson • December 14, 2018 • no comments
SEARCH AND SEIZURE - Officer safety EVIDENCE - 403 Balancing POST-CONVICTION - Bases for relief EVIDENCE - Hearsay SENTENCING - Restitution EXPUNCTION - Expunction of juvenile records CIVIL COMMITMENT - Proof of dangerousness INTERFERING WITH A PEACE OFFICER - Interfering with the performance of peace officer's duties TRIAL PROCEDURE - Bench trials SEARCH AND SEIZURE - Basis to stop SENTENCING - Supervision conditions INTERFERING WITH A PEACE OFFICER - Passive resistance CONTEMPT - Judgment
→ read the full summaries...Oregon Supreme Court - December 6, 2018
by: Rankin Johnson • December 11, 2018 • no comments
SELF-INCRIMINATION — Voluntariness DOUBLE JEOPARDY — Inchoate and completed crimes SEARCH AND SEIZURE — Traffic stops TRIAL PROCEDURE — Joinder
→ read the full summaries...Oregon Appellate Court--November 28, 2018
by: Rankin Johnson • December 1, 2018 • no comments
APPEALS - Plain error APPEALS - Law of the case SENTENCING - Financial obligations SELF-INCRIMINATION - Invocation of right to remain silent SENTENCING - Permissible sentencing conditions SENTENCING - Merger
→ read the full summaries...Oregon Appellate Court--November 21, 2018
by: Rankin Johnson • November 26, 2018 • no comments
APPEALS - Preservation ROBBERY - Delay between theft and threat of force MIRANDA - Right to counsel on related charges SENTENCING - Revocation sentences EVIDENCE - Other-bad-acts SENTENCING - Sentence-reduction programs SENTENCING - Revocation sentences
→ read the full summaries...Oregon Appellate Court--November 15, 2018
by: Rankin Johnson • November 18, 2018 • no comments
SEARCH AND SEIZURE - Police conduct constituting a stop TRESPASSING - Adequacy of exclusion notice APPEAL AND REVIEW - Harmlessness
→ read the full summaries...Oregon Supreme Court - November 8, 2018
by: Rankin Johnson • November 12, 2018 • no comments
EVIDENCE — State-of-mind hearsay exception
Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court reversed, Court of Appeals affirmed, remanded for new trial.
Defendant was accused of robbing the victim and then killing him. Defendant argued that the victim had robbed defendant and defendant killed him in self-defense. Defendant sought to offer evidence of e-mails the victim had sent about his financial difficulties. The trial court excluded some of the e-mails as hearsay. Because the e-mails tended to prove the victim’s state of mind, they were admissible as nonhearsay notwithstanding that they also referred to historical facts.
State v. Bement 363 Or 760 (November 8, 2018) (Nelson) (Washington County, Knapp)