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 Appellate Court - May 14, 2014
by: Abassos, Alarson, Cmaloney and Samantha Robell • May 14, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - May 7, 2014
by: Abassos • May 7, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - April 30, 2014
by: Abassos and Samantha Robell • May 1, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - April 24, 2014
by: Abassos • April 24, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - April 23, 2014
by: Abassos • April 23, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - April 17, 2014
by: Abassos • April 17, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct. - April 16, 2014
by: Abassos • April 16, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - April 9, 2014
by: Abassos • April 11, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - April 2, 2014
by: Abassos, Alarson, Cmaloney and Alex Collins • April 4, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - Mar. 26, 2014
by: Abassos and Megha Desai • March 27, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - March 20, 2014
by: Abassos and Megha Desai • March 20, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - March 19, 2014
by: Abassos and Alarson • March 19, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - March 5, 2014
by: Abassos, Alarson, Cmaloney and Alex Collins • March 5, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - Feb 26, 2014
by: Abassos • February 28, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - Feb 20, 2014
by: Abassos, Alarson and Jwithem • February 20, 2014 • no comments
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→ read the full summaries...Oregon Supreme Court - Feb. 13, 2014
by: Abassos and Alex Collins • February 13, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - Feb. 12, 2014
by: Abassos • February 12, 2014 • no comments
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→ read the full summaries...Oregon Supreme Court - Jan. 30, 2013
by: Abassos • January 30, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - Jan. 29, 2014
by: Abassos, Cmaloney, Alarson and Alex Collins • January 29, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - Jan 22, 2014
by: Abassos • January 22, 2014 • no comments
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