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 Ct - Aug. 14, 2014
by: Abassos • August 14, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - August 13, 2014
by: Abassos, Evan Ottaviani, Katie Watson and Samantha Robell • August 13, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - Aug. 7, 2014
by: Abassos, Lisa Fitzgerald, Evan Ottaviani, Katie Watson and Samantha Robell • August 7, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug. 6, 2014
by: Abassos, Lisa Fitzgerald, Evan Ottaviani and Katie Watson • August 6, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct. - July 30, 2014
by: Abassos, Lisa Fitzgerald, Evan Ottaviani and Tim OConnor • July 30, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 23, 2014
by: Abassos, Lisa Fitzgerald, Katie Watson, Evan Ottaviani and Tim OConnor • July 23, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 16, 2014
by: Abassos, Samantha Robell, Lisa Fitzgerald, Evan Ottaviani, Katie Watson and Tim OConnor • July 20, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - July 10, 2014
by: Abassos and Katie Watson • July 10, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 9, 2014
by: Abassos, Lisa Fitzgerald, Evan Ottaviani, Katie Watson and Tim OConnor • July 9, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 2, 2014
by: Abassos, Lisa Fitzgerald, Katie Watson, Sam Robell, Evan Ottaviani and Tim OConnor • July 2, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - June 26, 2014
by: Abassos and Samantha Robell • June 26, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - June 25, 2014
by: Abassos, Evan Ottaviani and Katie Watson • June 25, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - June 19, 2014
by: Abassos and Lisa Fitzgerald • June 19, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - June 18, 2014
by: Abassos, Lisa Fitzgerald, Katie Watson, Sam Robell, Evan Ottaviani and Tim OConnor • June 18, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - June 12, 2014
by: Abassos and Katie Watson • June 17, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - June 11, 2014
by: Abassos, Samantha Robell, Courtney Lynch, Lisa Fitzgerald, Katie Watson and Evan Ottaviani • June 11, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - June 4, 2014
by: Abassos and Tim OConnor • June 4, 2014 • no comments
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→ read the full summaries...Oregon Supreme Ct - May 30, 2014
by: Abassos and Lisa Fitzgerald • May 30, 2014 • no comments
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→ read the full summaries...Oregon Appellate Ct - May 29, 2014
by: Abassos, Courtney Lynch, Lisa Fitzgerald, Evan Ottaviani, Katie Watson and Tim OConnor • May 29, 2014 • no comments
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→ read the full summaries...Oregon Appellate Court - May 21, 2014
by: Abassos and Samantha Robell • May 22, 2014 • no comments
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