Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
___________________________________________________________________
Oregon Appellate Court - August 14, 2013
by: Sonja Good Stefani, Alex Flood, Alarson, Zara Lukens and Abassos • August 15, 2013 • no comments
- “Prior Bad Acts” Are Inadmissible to Prove Intent Unless Intent Is At Issue
- Frequenting - A Roommate Is Not Presumed to Be in Constructive Possession of Defendant's Drugs
- Discovery of Arrest Warrant Still Attenuates the Taint of Prior Unlawful Conduct
- Hearsay - Medical Diagnosis or Treatment - Child’s Statements to CARES
- A Parole Denial Should Not Rely On An Inaccurate Psych Eval
- No Reasonable Suspicion – Leaving the Area of a Closed Business
- Reasonable Suspicion Under Totality of Circumstances
- Civil Commitment - Basic Needs - Court Must Look to Available Resources
- Vouching - Plain Error When Credibility the Primary Issue
- Termination of Parental Rights - ICWA - Mental Condition
- Dependency - Permanency Plan - Sufficient Progress
- Dependency - A Permanency Order Must Include a “No Compelling Reason” Finding
- Dependency - Change of Permanency Plan - Reasonable Time
- Dependency Jurisdiction - Marijuana Use
- Dependency Jurisdiction - History of Domestic Violence
Oregon Appellate Court - August 7, 2013
by: Abassos • August 7, 2013 • no comments
- Statute of Limitations - Crimes Occurring Over a Span of Time
- Prior Convictions for Impeachment - OJIN is a Public Record
- Applying the Correct Law Does Not Create a “Windfall” for the Defendant
- Other Bad Acts - A Simple Prior Sex Crime Will Rarely Be Relevant to Intent or Consent
Oregon Appellate Court - July 31, 2013
by: Zara Lukens, Alex Flood and Abassos • July 31, 2013 • no comments
- Mere Acquiescence – Consent is Valid if Officer’s Statement Conveys a Choice to the Listener
- Prior Bad Acts – Sex Offenses – Harmless Error
- Past Deliberate Indifference Insufficient to Support Habeas Relief
Oregon Supreme Court - July 25, 2013
by: Zara Lukens and Abassos • July 25, 2013 • no comments
- Certification of Service of a Restraining Order Does Not Trigger Confrontation Rights
- Privacy Requirement of OEC 412 is Constitutional
Oregon Appellate Court - July 17, 2013
by: Sonja Good Stefani, Zara Lukens and Abassos • July 17, 2013 • no comments
- Automobile Exception - Vehicle Need Not Be Mobile at Time of Stop
- Defendant can waive counsel without understanding all potential defenses
Oregon Appellate Court - July 24, 2013
by: Alarson, Sonja Good Stefani, Zara Lukens and Abassos • July 17, 2013 • no comments
- Retrograde Extrapolation - Foundational Showing of Scientific Validity Necessary
- Victim’s Rights - Restitution May Be Retroactively Imposed
- Multiple Probation Violation Sentences for a Single Violation Must Be Concurrent
- Speedy Trial – 10 Month “Routine Scheduling” Delay is Reasonable
- Reasonable Suspicion – Drug Possession
- “Presumptive Evidence” Means “Evidence”, Not a Conclusion of Law
United States Court of Appeals, 9th Circuit -- July 15, 2013
by: Alex Flood • July 17, 2013 • no comments
- Incorrect translation of Miranda rights did not reasonably convey defendant’s right to appointed counsel
Oregon Appellate Court - July 10, 2013
by: Zara Lukens, Alarson, Sonja Good Stefani and Abassos • July 10, 2013 • no comments
- Statute of Limitations Facts Must Be Specifically Pled
- PCR – Sentencing Mitigation
- Prejudicial Details of Crime May Be Admissible to Demonstrate Victim’s Memory
- Request for Self-Representation May Be Rejected Because It Is Contingent on a Setover
- Trial Counsel Was Not Inadequate Where He Allowed an Ag Murder Plea After Advising Defendant of Options and Timelines
- Merger - Multiple Crimes Within the Same Date Range
Oregon Supreme Court - July 5, 2013
by: Sonja Good Stefani and Abassos • July 8, 2013 • no comments
- Stops - Extension – Investigation During Records Check Okay
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
