Case Reviews
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Oregon Appellate Court, June 9, 2021
by: Rankin Johnson • June 11, 2021 • no comments
EVIDENCE - 403 balancing ATTEMPT TO ELUDE - Vehicles SENTENCING - Fines, fees, and costs EVIDENCE - Vouching SENTENCING - Fines, fees, and costs ENDANGERING THE WELFARE OF A MINOR - Sufficiency of the evidence SENTENCING - Fines, fees, and costs SEARCH AND SEIZURE - Officer safety
→ read the full summaries...Oregon Appellate Court, June 3, 2021
by: Rankin Johnson • June 4, 2021 • no comments
RESTITUTION - Proof THEFT - Valuation THEFT - Mens rea ASSAULT - Mens rea DUII - Predicate offenses SENTENCING - PSIs
→ read the full summaries...Oregon Appellate Court, May 26, 2021
by: Rankin Johnson • May 28, 2021 • no comments
DEFENDANT'S STATEMENTS - Statements made in connection with supervision PRE-TRIAL PROCEEDINGS - Pre-trial motions ASSAULT - Substantial pain APPELLATE PROCEDURE - Reviewability DRUG OFFENSES - Mere presence RESTITUTION - Proof SEARCH AND SEIZURE - Scope of traffic stop DUII - Implied consent ASSAULT - Injury
→ read the full summaries...Oregon Supreme Court, May 20, 2021
by: Rankin Johnson • May 28, 2021 • no comments
EVIDENCE - Impeachment POST-CONVICTION RELIEF - Ineffective assistance of appellate counsel
→ read the full summaries...Oregon Appellate Court, May 19, 2021
by: Rankin Johnson • May 21, 2021 • no comments
EVIDENCE - Stipulations and relevance EVIDENCE - Impeachment THEFT - Value RIGHT TO COUNSEL - Related offenses DUII - Diversion procedure DEFENDANT'S STATEMENTS - Promises of lenience SEARCH AND SEIZURE - Probable cause SEARCH AND SEIZURE - Conduct constituting search TRIAL PROCEDURE - Concurrence instructions SEARCH AND SEIZURE - Exigent circumstances
→ read the full summaries...Oregon Appellate Court, May 12, 2021
by: Rankin Johnson • May 14, 2021 • no comments
EVIDENCE - Scientific and expert evidence EVIDENCE - Other bad acts RIGHT TO JURY TRIAL - Nonunanimous verdicts DUII - Implied consent CLOSING ARGUMENT - Facts not in evidence FAPA, STALKING, AND RESTRAINING ORDERS - SAPO orders SUPERVISION - Commencement of probation-violation proceedings
→ read the full summaries...Oregon Appellate Court, May 5, 2021
by: Rankin Johnson • May 7, 2021 • no comments
DEFENDANT'S STATEMENTS - Conduct constituting interrogation DEFENDANT'S STATEMENTS - Corroboration SEARCH AND SEIZURE - Dealer plates' EVIDENCE - Authentication of social-media posts SEARCH AND SEIZURE - Scope of traffic stop SENTENCING - Attorney's fees REFUSING TO OBEY A LAWFUL ORDER - Passive resistance EVIDENCE - Victim's other-bad-acts
→ read the full summaries...Oregon Supreme Court, May 6, 2021
by: Rankin Johnson • May 6, 2021 • no comments
EX POST FACTO LAWS - Ameliorative changes
→ read the full summaries...Oregon Appellate Court, April 28, 2021
by: Rankin Johnson • April 29, 2021 • no comments
SEARCH AND SEIZURE - Scope of consent SEARCH AND SEIZURE - Smell of marijuana RECKLESS ENDANGERMENT - Sufficiency
→ read the full summaries...Oregon Appellate Court, April 21, 2021
by: Rankin Johnson • April 22, 2021 • no comments
EVIDENCE - Prejudicial, confusing, or misleading evidence MENS REA - Intoxication and knowledge UNLAWFUL SEXUAL PENETRATION - Mens rea THEFT - Value EVIDENCE - Grooming
→ read the full summaries...Oregon Appellate Court, April 14, 2021
by: Rankin Johnson • April 15, 2021 • no comments
SEARCH AND SEIZURE - Conduct constituting seizure SENTENCING - Separate victims MENTAL HEALTH DEFENSES - Guilty-but-insane' CIVIL COMMITMENT - Hearing procedures SEARCH AND SEIZURE - Expansion of traffic stop SEARCH AND SEIZURE - Officer safety
→ read the full summaries...Oregon Supreme Court, April 8, 2021
by: Rankin Johnson • April 8, 2021 • no comments
TRIAL PROCEDURE - Timeliness of filing
→ read the full summaries...Oregon Appellate Court, April 7, 2021
by: Rankin Johnson • April 8, 2021 • no comments
RIGHT TO JURY TRIAL - Unanimity SENTENCING - Modification and correction SENTENCING - Merger SEARCH AND SEIZURE - Reasonable suspicion TIME LIMITATIONS - Speedy trial RIGHT TO JURY TRIAL - Unanimity INADEQUATE ASSISTANCE OF COUNSEL - Use of experts
→ read the full summaries...Oregon Appellate Court, March 31, 2021
by: Rankin Johnson • April 1, 2021 • no comments
EVIDENCE - 'In camera' review SEARCH AND SEIZURE - Material witnesses EVIDENCE - Scientific and expert evidence EVIDENCE - Accomplice-witnesses RIGHT TO DUE PROCESS - Brady lists POST-CONVICTION RELIEF - Church motions SENTENCING - Earned-time credit SEARCH AND SEIZURE - Particularity
→ read the full summaries...Oregon Appellate Court, March 3, 2021
by: Rankin Johnson • March 30, 2021 • no comments
JOINDER, SEVERANCE, AND ELECTION - Overlapping theories EVIDENCE - Other bad acts EVIDENCE - Identity of defendant FIREARM OFFENSES - Right to bear arms SEARCH AND SEIZURE - Reasonable suspicion SENTENCING - Out-of-state convictions EVIDENCE - Other bad acts CIVIL COMMITMENT - Sufficiency SENTENCING - Concurrent and consecutive sentences RIGHT TO COUNSEL - Proceedings on remand
→ read the full summaries...Oregon Appellate Court, March 24, 2021
by: Rankin Johnson • March 30, 2021 • no comments
EVIDENCE - Impeachment
→ read the full summaries...Oregon Appellate Court, March 10, 2021
by: Rankin Johnson • March 18, 2021 • no comments
RIGHT TO JURY TRIAL - Unanimity SEX CRIMES - Sexual Contact RIGHT TO JURY TRIAL - Unanimity SEARCH AND SEIZURE - Conduct constituting a search DEFENDANT'S STATEMENTS - Compelling circumstances EVIDENCE - Other bad acts SENTENCING - Special probation conditions MENS REA - Value
→ read the full summaries...Oregon Appellate Court, March 17, 2021
by: Rankin Johnson • March 17, 2021 • no comments
SUFFICIENCY OF EVIDENCE - Ownership EVIDENCE - Victim's sexual history RIGHT TO JURY TRIAL - Unanimity DUII - Predicate offenses for felony TRIAL PROCEDURE - Duplicative charges EVIDENCE - Prior inconsistent statements SEARCH AND SEIZURE - Acquiescence SENTENCING - Mandatory minimum sentences EVIDENCE - Harmfulness EVIDENCE - Other bad acts
→ read the full summaries...Oregon Supreme Court, March 17, 2021
by: Rankin Johnson • March 17, 2021 • no comments
TRIAL PROCEDURE - New trial motions
→ read the full summaries...Oregon Supreme Court, March 4, 2021
by: Rankin Johnson • March 9, 2021 • no comments
EVIDENCE - Impeachment with conviction RESTITUTION - Reasonableness of bill JUVENILE DELINQUENCY - Cruel and unusual punishment
EVIDENCE - Inadmissible evidence
→ read the full summaries...