Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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Oregon Appellate Court - July 3, 2013
by: Alex Flood, Alarson and Abassos • July 8, 2013 • no comments
- A defendant’s unequivocal and unambiguous invocation of the right to remain silent cannot become retroactively equivocal upon further interaction with the police officer.
- Burglary – Sufficiency of Evidence
- Permanency - Reasonable Efforts Require a Cost-Benefit Analysis
Oregon Supreme Court - June 27, 2013
by: Zara Lukens and Abassos • June 28, 2013 • no comments
- PCR- Preponderance of the evidence required to establish prejudice as a result of inadequate counsel
Oregon Appellate Court - June 26, 2013
by: Alarson and Abassos • June 26, 2013 • no comments
- Kidnapping Requires Movement to a Qualitatively Different Place
- Commercial Drug Offense Factors Do Not Need to Be Connected to the Drug Offense
- Prior Bad Acts – Prior DV Assaults Not Admissible to Prove Awareness of Injury Risk
- Victim’s Rights – Restitution May Be Amended 6 Months After Judgment
Oregon Supreme Court - June 20, 2013
by: Sonja Good Stefani and Abassos • June 24, 2013 • no comments
- Stay of Execution Granted In Spite Of Defendant’s Wishes
Oregon Appellate Court - June 19, 2013
by: Zara Lukens, Sonja Good Stefani and Abassos • June 20, 2013 • no comments
- Minimal factual nexus between evidence and unlawful conduct requires suppression; coercive circumstances make consent involuntary
- Declining life-saving medical care is not a religious practice
U.S. Supreme Court - June 17, 2013
by: Zara Lukens and Abassos • June 17, 2013 • no comments
- Salinas v. Texas-- Mere silence does not invoke the Fifth Amendment
- Alleyne v. United States-- Any fact that increases the mandatory minimum constitutes an element
Oregon Appellate Court - June 12, 2013
by: Zara Lukens and Abassos • June 12, 2013 • no comments
- Driver stopped when passenger’s license taken
Oregon Appellate Court - June 5, 2013
by: Alarson and Abassos • June 6, 2013 • no comments
- OEC 803(18a)(b) Requires a Specific Notice with Identified Hearsay Statements
- Items seized during an inventory may not be processed as evidence
United States Supreme Court – June 3, 2013
by: Alex Flood • June 5, 2013 • no comments
- Maryland v. King-- Law Enforcement Officers May Collect DNA of an Individual Arrested for a “Serious Offense” Without Individualized Suspicion.
Oregon Supreme Court - May 31, 2013
by: Sonja Good Stefani, Zara Lukens and Abassos • May 31, 2013 • no comments
- Seizure of Victims/Witnesses Lawful
- Evidence of Defendant’s Sleepwalking Relevant to Establish Lack of Voluntary Act for DUII
Oregon Appellate Court - May 30, 2013
by: Sonja Good Stefani and Abassos • May 30, 2013 • one comment
- Balancing test determines whether consent to search is attenuated from a prior illegality
- “Immediately Stop” Means “Without Delay” for Failure to Perform the Duties of a Driver
- Unconfirmed Use of Secondary Drugs Relevant to DUII
- Reasonable Suspicion is Person Specific
- Sex Abuse Diagnosis Without Physical Evidence – Not Harmless Error
- No Windfalls Allowed
- Habeas Corpus Becomes Moot When Relief Already Granted
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
