Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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Oregon Appellate Court - April 3, 2013
by: Jwestover and Abassos • April 3, 2013 • no comments
- Independent Grounds for a Search
- A Deal’s a Deal, PSRB
- Plain Error—Testimony of Sex Abuse Diagnosis Without Physical Evidence
- Merger—Sufficient Pause Between Attempts to Evade Means No Merger
- Wards of State May Be Immunized over Noncustodial Parents’ Objections
- Jurisdiction over Juveniles—Sufficiency of Evidence
Oregon Appellate Court - March 27, 2013
by: Jwestover and Abassos • March 27, 2013 • no comments
- DHS Must Make Reasonable Efforts at Reunification with Each Parent
- Bench Trials and Harmless Error
- Visa Eligibility Relating to Accusations of Abuse Are Relevant Impeachment Evidence
- Stipulating May Dissuade Appellate Court from Exercising Discretion to Reverse for Plain Error
Oregon Appellate Court - March 20, 2013
by: Jevans and Abassos • March 20, 2013 • no comments
- PCR—Burglary Instructions, and Ineffective Assistance of Counsel
- Termination of Parental Rights—Mother Unable to Keep Kids Safe from Abuse
- Eyewitness ID Made for the First Time During Trial Can Be Unreliable
Oregon Appellate Court - March 13, 2013
by: Jwestover and Abassos • March 13, 2013 • no comments
- Chaidez Comes to Oregon
- Blakely Notice Must Be Specific and Actual
- Merger—Two Counts of Kidnapping I
- Sometimes You Just Have to Keep Objecting to Preserve
Oregon Appellate Court - March 6, 2013
by: Jwestover and Abassos • March 6, 2013 • no comments
- “I Hate Cops Now” Does Not Automatically Mean “I Hated Cops Then”
- Admission of Irrelevant Statements Not Harmless Error
- “Factually Related” Burglaries Under Article I, section 11
- Application of State v. Mullins to Find Appeal of Supplemental Judgment Timely
Oregon Supreme Court - February 28, 2013
by: Abassos • March 2, 2013 • no comments
Judicial Discretion to Deny Waiver of Jury Trial is Limited
→ read the full summaries...Oregon Appellate Court - February 27, 2013
by: Jevans and Abassos • February 27, 2013 • no comments
- 'The State Only Has to Return Seized Weed If the Case Is Dismissed on the Merits
- Speedy Trial—Time Spent By the Defense Pursuing Contempt Charges is Attributable to the Defense
- Merger—Animal Abuse 1 and Aggravated Animal Abuse 1
- Merger—Same Statutory Provision—Animal Abuse 1
- A Car’s Cracked Windshield Does Not “Endanger” Others
- Limited Remand Does Not Preclude Pretrial Motions in PCR Case
Oregon Appellate Court - February 21, 2013
by: Jwestover and Abassos • February 22, 2013 • no comments
- Encouraging Child Sexual Abuse I—Downloading = Duplicating
- Circumstantial Evidence to Prove Venue
- The 90 day technical PPS sanction limitation in former OAR 235-11-004(3) applies to offenders on lifetime PPS
United States Supreme Court - February 19, 2013
by: Jwestover and Abassos • February 20, 2013 • no comments
- Police Authority to Detain a Person on a Search Warrant is Limited to Immediate Vicinity of Search
- SCOTUS Weighs in on the Reliability of Drug Dog Sniff Tests in the Field
Oregon Appellate Court - February 13, 2013
by: Jevans and Abassos • February 13, 2013 • no comments
- Automobile Exception Applies Only When the Car is Mobile After Police Suspect It To Be Involved in Crime
- A Waiver of Trial by Jury Must Be Supported by Evidence that the Waiver is Knowing and Voluntary
- PCR - Prejudice
- Vouching Not Admissible – Even in Support of a Medical Diagnosis
- Evidence Admitted Despite Objection is not Cumulative when Re-Admitted on Cross Examination
- Sex Abuse II Can Be Lesser-Included of Sodomy I
Oregon Supreme Court - February 7, 2013
by: Jwestover and Abassos • February 7, 2013 • no comments
- Judge Censured for Hostility Toward Defendant
Oregon Appellate Court - February 6, 2013
by: Jwestover and Abassos • February 6, 2013 • no comments
- Three Strikes Sex Offense Law (ORS 137.719)—What’s a Prior Sentence?
- Expungement—A Non-Traffic Violation is a Conviction
- Warrantless Entry to Land—Absence of a “No Trespassing” Sign
- Enhancement—Commercial Drug Offenses
- Uncharged Sexual Conduct Between Defendant and Child Victim
- If a Witness Waives Privilege, the Protections of OEC 513 are also Waived
- The Maximum Sentence on any Crime is the Statutory Maximum
- Merger—Sufficient Pause—Assault
Oregon Appellate Court - January 30, 2013
by: Jwestover and Abassos • January 31, 2013 • no comments
- Lawson/James Remand Due to Suggestive ID, State v. Wesley
- “Transferred Intent” Still a Valid Doctrine, State v. Wesley
- Threat to Bring Gun to School Was Sufficient to Justify Search of Backpack, State v. A.J.C.
- Denial of Motion for Relief from Default Not Reviewable by Court of Appeals, State v. Nelson
- PCR Petitions Must be Supported by Documentary Evidence, Ross v. Franke
- PCR Documents Need only “Tend” to Support Claim, Ogle v. Nooth
- Matrix System Prison Term ≠ Sentence, Campbell v. State
Oregon Appellate Court - January 16, 2013
by: Jwestover and Abassos • January 16, 2013 • no comments
- Self-Representation May Not Be Denied “In Best Interest of Defendant”
- Affidavit Insufficient for Warrant to Search Residence
- No Subject-Matter Limitations on Officer Questions
- A Statement of Suspicion is Not a Stop
- Reasonable Suspicion – Drug Trafficking
- Expungement – Criminally Negligent Homicide Not Eligible
- “Exhaustion” Constitutes “Illness” For Delaying DMV License Suspension Hearings
Oregon Supreme Court - January 10, 2013
by: Jwestover and Abassos • January 10, 2013 • no comments
The Hall test is modified. Consent is no longer invalid merely because it occurs during an illegal stop. The consent must now be the product of exploited illegality in the sense that either the consent was involuntary or that officers took advantage of information illegally gained in order to gain consent.
→ read the full summaries...Oregon Appellate Court - January 9, 2013
by: Jwestover and Abassos • January 9, 2013 • no comments
- An Order Denying DNA Testing is Not Appealable
- Statutory Speedy Trial Rights Start with Formal Charges by the District Attorney
- Dependency - Public Indecency + Failure to Complete Treatment Does Not Equal a Risk of Harm
- DUII Diversion – Ineligibility for Prior DUII – Ex Post Facto
- Consent is Involuntary When Induced by a False Promise of Immunity
Oregon Appellate Court - December 27, 2012
by: Jwestover and Abassos • December 27, 2012 • no comments
- Sentencing – Murder – The McClain Window
- Delinquency – Judicial Authority to Dismiss
- DUII – Request for Independent Blood Test – Reasonable Opportunity
- Dependency – Findings at Permanency Hearing – Preservation
- PCR – Motion for Relief from Summary Judgment
- Remedy – HB 3508 supplemental judgment of Ineligibility
- Merger – Theft of Car and Theft of the Car’s Parts Merge
- Merger – UUV and PSV Merge
Oregon Appellate Court - December 19, 2012
by: Jwestover and Abassos • December 19, 2012 • no comments
- Is It a Search? - Defendant’s Intent to Exclude General Public From Private Property- State v Roper
- Consent to Search – Mere Acquiescence- State v Jepson
- Consent to Search – Not Mere Acquiescence- State v Brock
- Stop vs Mere Conversation- State v Thompson
- Contempt is Not a Conviction- State v Karimzadeh
- Dependency – Change from APPLA to Termination- DHS v CL
- Dependency – ICWA Active Efforts Not Required When Plan is Adoption- DHS v WHF
Oregon Supreme Court - December 13, 2012
by: Abassos • December 13, 2012 • no comments
- Admissions of a Party Opponent - Dependency
Oregon Appellate Court December 12, 2012
by: Erick Tobias and Abassos • December 12, 2012 • no comments
- Jury Instructions > Self-Defense Instruction When Defendant Has Not Argued Self-Defense
- The Federal Copyright Act Preempts ORS 164.865, Unlawful Sound Recording
- Speedy Trial > Lack of Judicial Resources May Justify Delay When Adequately Explained
- Appellate Review > Guilty Plea
- Vertical Proportionality > Felony vs Lesser Included Misdemeanor
- Speedy Trial > Implicit Consent to Delay
- PCR > Inadequacy of Counsel - Failure to Argue Merger
