Case Reviews
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Oregon Supreme Court--February 28,2019
EVIDENCE — Hearsay, official records, and business records. Records generated by police agencies are not admissible as business records but may be admissible as official records. Reversed and remanded for new trial. State v. Edmonds 364 Or 410 (February 28, 2019) (Balmer) (Clackamas County, Van Dyk)
FAILURE TO APPEAR — 'Released from custody' element of offense A book-and-release process ordered by a judge is not 'custody,' as that term is used in the failure-to-appear statutes, and therefore the court erred in denying a motion for judgment of acquittal. Reversed. State v. McColly 364 Or 464 (February 28, 2019) (Nelson) (Tillamook County, Stevens)
POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was advised of potential immigration consequences at the time of his plea, and therefore his ignorance of those consequences did not toll the statute of limitations. Affirmed. The court also noted that the record raised the issue of whether the petitioner's mental disabilities were a basis to toll the statute of limitations. But, because petitioner alleged, in a declaration attached to the petition, that he would not have pleaded guilty if he had known the immigration consequences, the court held that he was mentally competent to understand the significance of immigration consequences. The court further noted that the evidence of defendant's mental disabilities did not show that it prevented him from consulting with counsel or timely filing a petition. Perez-Rodriguez v. State 364 Or 489 (February 28, 2019) (Nelson, Balmer dissenting) (Washington County, Kohl)
POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was unaware of potential immigration consequences until he was placed in deportation proceedings, by which time the post-conviction statute of limitations had expired, and therefore the statute of limitations was tolled. Reversed and remanded. The court explained that, because neither the court nor defense counsel told petitioner of the possibility of immigration consequences, a reasonable layperson in petitioner's position would have had no reason to investigate or consult with counsel. The resulting rule is similar to the civil discovery rule for tolling a statute of limitations. Balmer dissented, arguing that petitioner had all the facts necessary to his claim. Balmer would have held that the petitioner's legal ignorance did not make his failure to seek counsel reasonable.
Gutale v. State 364 Or 502 (February 28, 2019) (Nelson) (Washington County, Bailey)Oregon Supreme Court, September 12, 2013
by: Alex Flood and Abassos • September 12, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - September 11, 2013
by: Alarson and Abassos • September 11, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - September 5, 2013
by: Abassos • September 6, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - August 28, 2013
by: Abassos • August 28, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - August 21, 2013
by: Abassos • August 21, 2013 • no comments
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→ read the full summaries...Oregon Supreme Court - August 15, 2013
by: Jevans and Abassos • August 16, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - August 14, 2013
by: Sonja Good Stefani, Alex Flood, Alarson, Zara Lukens and Abassos • August 15, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - August 7, 2013
by: Abassos • August 7, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - July 31, 2013
by: Zara Lukens, Alex Flood and Abassos • July 31, 2013 • no comments
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→ read the full summaries...Oregon Supreme Court - July 25, 2013
by: Zara Lukens and Abassos • July 25, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - July 17, 2013
by: Sonja Good Stefani, Zara Lukens and Abassos • July 17, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - July 24, 2013
by: Alarson, Sonja Good Stefani, Zara Lukens and Abassos • July 17, 2013 • no comments
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→ read the full summaries...United States Court of Appeals, 9th Circuit -- July 15, 2013
by: Alex Flood • July 17, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - July 10, 2013
by: Zara Lukens, Alarson, Sonja Good Stefani and Abassos • July 10, 2013 • no comments
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→ read the full summaries...Oregon Supreme Court - July 5, 2013
by: Sonja Good Stefani and Abassos • July 8, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - July 3, 2013
by: Alex Flood, Alarson and Abassos • July 8, 2013 • no comments
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→ read the full summaries...Oregon Supreme Court - June 27, 2013
by: Zara Lukens and Abassos • June 28, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - June 26, 2013
by: Alarson and Abassos • June 26, 2013 • no comments
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→ read the full summaries...Oregon Supreme Court - June 20, 2013
by: Sonja Good Stefani and Abassos • June 24, 2013 • no comments
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→ read the full summaries...Oregon Appellate Court - June 19, 2013
by: Zara Lukens, Sonja Good Stefani and Abassos • June 20, 2013 • no comments
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