OCDLA Library of Defense - Latest Case Reviews
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Oregon Court of Appeals, March 19th, 2025by: Rankin Johnson EXTREME EMOTIONAL DISTURBANCE - Burden of proof EVIDENCE - Relevance JOINDER, SEVERANCE, AND ELECTION - Same or similar character SEARCH AND SEIZURE - Exploitation SEARCH AND SEIZURE - Conduct constituting a stop THEFT OFFENSES - Property and value CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries EVIDENCE - Other bad acts Oregon Court of Appeals, March 12th, 2025by: Rankin Johnson INADEQUATE ASSISTANCE OF COUNSEL - Standards for appointed counsel APPEAL AND REVIEW - Offer of Proof APPEAL AND REVIEW - Retroactivity SEX CRIMES - Dates and ages EVIDENCE - Vouching SEX CRIMES - Consent Oregon Court of Appeals, March 5th, 2025by: Rankin Johnson MENS REA - Mental states and specific elements RIGHT TO COUNSEL - Critical stages SENTENCING - Inadequate assistance of counsel JOINDER, SEVERANCE, AND ELECTION - State's motion to join JURY INSTRUCTIONS - Less-satisfactory evidence SEARCH AND SEIZURE - Body wires SENTENCING - Upward departures DUII - Field Sobriety Tests Oregon Court of Appeals, February 26th, 2025by: Rankin Johnson FAILURE TO APPEAR - Lesser-included offenses SENTENCING - Special probation conditions SEX OFFENDER REGISTRATION - Jurisdiction UNLAWFUL USE OF A VEHICLE - Mens rea SEARCH AND SEIZURE - Emergency aid exception Oregon Court of Appeals, February 20th, 2025by: Rankin Johnson SEARCH AND SEIZURE - Officer Safety SENTENCING - Restitution FIREARMS - Concealed-carry permit SEARCH AND SEIZURE - Searches of electronic devices DEFENDANT'S STATEMENTS - Invocation of right to remain silent MENS REA - Mental states and specific elements Oregon Court of Appeals, February 12th, 2025by: Rankin Johnson CLOSING ARGUMENT - Burden shifting by state MENTAL STATES - Mental states and specific elements CLOSING ARGUMENT - Burden shifting by state SEARCH AND SEIZURE - Reasonable suspicion DEFENDANT'S STATEMENTS - Compelling circumstances EVIDENCE - Other bad acts Oregon Court of Appeals, February 5th, 2025by: Rankin Johnson FIREARM OFFENSES - Second Amendment challenges Oregon Supreme Court, January 30th, 2025by: Rankin Johnson SENTENCING - Proportionality EVIDENCE - Hearsay Oregon Court of Appeals, January 29th, 2025by: Rankin Johnson PROBATION AND OTHER SUPERVISION - Expiration SENTENCING - Restitution MENS REA - Mental states and specific elements Oregon Court of Appeals, January 23rd, 2025by: Rankin Johnson CONTEMPT - Willfulness EVIDENCE - Other bad acts MENS REA - Mental states and specific elements SEARCH AND SEIZURE - Expectation of privacy Oregon Supreme Court, January 16th, 2025by: Rankin Johnson DOUBLE JEOPARDY - Preservation SENTENCING - PPS terms Oregon Court of Appeals, January 8th, 2025by: Rankin Johnson DUII - Diversion JOINDER, SEVERANCE, AND ELECTION - Review CLOSING ARGUMENT - Burden shifting by state SEX CRIMES - Merger Oregon Court of Appeals, January 2nd, 2025by: Rankin Johnson RESTITUTION - Economic damages TRIAL PROCEDURE - Burden shifting by state EXPUNGEMENT - Basis for denial SEARCH AND SEIZURE - Pro SEARCH AND SEIZURE - Abandonment Oregon Court of Appeals, December 18th, 2024by: Rankin Johnson SEARCH AND SEIZURE - Permission to enter DUII - Field Sobriety Tests UNLAWFUL USE OF A VEHICLE - Driver's license suspension Oregon Court of Appeals, December 11th, 2024by: Rankin Johnson DEFENDANT'S STATEMENTS - Voluntariness EVIDENCE - Other bad acts FIREARM OFFENSES - Qualifying misdemeanors EVIDENCE - Authentication MENS REA - Extreme indifference SEARCH AND SEIZURE - Scope of inquiry following stop FIREARM OFFENSES - Second Amendment challenges Oregon Court of Appeals, December 4th, 2024by: Rankin Johnson DISCOVERY - Lost evidence INADEQUATE ASSISTANCE OF COUNSEL - Burden of proof RIGHT TO COUNSEL - Suppression following violation EVIDENCE - Relevance WAIVERS - Intoxication and voluntariness JURY INSTRUCTIONS - Witness-false-in-part instruction Oregon Court of Appeals, November 27th, 2024by: Rankin Johnson JOINDER, SEVERANCE, AND ELECTION - Related offenses. SENTENCING - Restitution Oregon Court of Appeals, November 20th, 2024by: Rankin Johnson CLOSING ARGUMENT - Burden shifting by state SEARCH AND SEIZURE - Probable cause Oregon Court of Appeals, November 14th, 2024by: Rankin Johnson RIGHT TO COUNSEL - Waiver THEFT - Mens rea SENTENCING - Overlap between departure factor and elements STALKING AND FAPA ORDERS - Mens rea Oregon Supreme Court, November 7th, 2024by: Rankin Johnson APPEAL AND REVIEW - Plain Error SUBPOENAS - Domestic violence services privilege Oregon Court of Appeals, November 6th, 2024by: Rankin Johnson CLOSING ARGUMENT - Objections SEARCH AND SEIZURE - Particularity EVIDENCE - Video recordings SEARCH AND SEIZURE - Computer searches FINES, FEES, AND COSTS - Ability to pay UNLAWFUL USE OF A WEAPON - Mens rea Oregon Supreme Court, October 31st, 2024by: Rankin Johnson WAIVERS - Voluntariness and intoxication Oregon Court of Appeals, October 30th, 2024by: Rankin Johnson SEARCH AND SEIZURE - Administrative searches DUII - FSTs as scientific evidence TRIAL PROCEEDINGS - Deadlocked jury EVIDENCE - Vouching EVIDENCE - Other bad acts _________________________ |
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