Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
___________________________________________________________________
Oregon Appellate Court - May 22, 2013
by: Jwestover and Abassos • May 24, 2013 • no comments
- Unlawful Seizure of Passenger Requires Independent Showing of Authority
- Escape from Constructive Restraint
- Preservation Requirement Does Not Apply Where Defendant Has No Opportunity to Object
- No “Witness-False-in-Part” Jury Instructions Where Witness Admits to Prior False Statements
Oregon Appellate Court - May 15, 2013
by: Jwestover and Abassos • May 15, 2013 • no comments
- Kidnapping by Asportation – Ongoing Assault in Different Rooms
- Objectively Reasonable Element of Choice of Evils Defense Precludes PTSD Induced Fear of Imminent Harm
- Juvenile Court May Correct Permanency Judgment “Oversights or Omissions” at Any Point
- Plain Error to Fail to Advise Defendant of Statutorily Required Information
- DUII Lifetime License Ban Upheld When Prior Conviction is Merely a Traffic Infraction
- Continuing Juvenile Court Jurisdiction
- No Preservation When Your Theory Changes on Appeal
Oregon Appellate Court - May 8, 2013
by: Jwestover and Abassos • May 8, 2013 • no comments
- No Sua Sponte Stalking Protection Orders
- Merger—Multiple Owners of a Vehicle = One Victim for UUV
- Specific Nature of “Fee” Must Be Proved to Convict for Prostitution
- The "Shift to I" Rule and Plain Error
Oregon Appellate Court - May 1, 2013
by: Jwestover and Abassos • May 1, 2013 • no comments
- Transferred Inmate Must Show Previous Institution's Continued Influence in Order to Avoid Mootness
Oregon Supreme Court - April 25, 2013
by: Jwestover and Abassos • April 25, 2013 • no comments
- Hemenway Vacated as Moot
- Ofodrinwa Affirmed—“Does Not” Means Both “Does not” and “Can Not”
Oregon Appellate Court - April 24, 2013
by: Jwestover and Abassos • April 24, 2013 • no comments
- Discretion to Remand on Plain Error During Sentencing Depends on How Clear Trial Court Was
- 2007 Corroboration Statute—“Threshold for corroboration is low”
- Getting Out of the Way of Police Engaging a Suspect=Mere Acquiescence
- Dissipation of Probable Cause, and Unlawful Extension
- Intelligent Waiver of Counsel
- Negligence Standard Helpful to Jury When Determining Recklessness
- “Follow All Recommendations” Refers to DHS Recommendations, Not Doctor Recommendations
United States Supreme Court - April 17, 2013
by: Jwestover • April 17, 2013 • no comments
- Missouri v. McNeely--Dissipation of Evidence is Not, On Its Own, an Exigency
Oregon Appellate Court - April 17, 2013
by: Jwestover and Abassos • April 17, 2013 • no comments
- Preservation
- Circumstantial Evidence of DUII
- No Rearguing Motions During Closing
- Taken into Custody for Parole Violation = “Arrest” for Resisting Arrest Statute
- Pretrial Services = “Correctional Facility” in Failure to Appear I Statute
- Only Subject Matter Jurisdiction Is Required for Child Custody Proceedings
- Failure to Seek Aid and Father’s History of Sexual Abuse Present Danger to Child, But Homelessness Does Not
- No Mistrial in Sex-Abuse Case--Curative Instructions Sufficient
- Guardianship Hearing Must be “Fundamentally Fair” to Satisfy Due Process
- Admissible Eyewitness Evidence
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
