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 Ct - Sept. 23rd, 2015
by: Abassos, Alarson and Cmaloney • September 23, 2015 • no comments
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→ read the full summaries...Oregon Supreme Ct - Sept. 17, 2015
by: Abassos and Alarson • September 17, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - Sept. 16, 2015
by: Abassos, Alarson and Cmaloney • September 16, 2015 • no comments
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→ read the full summaries...Oregon Supreme Court - Sept. 11, 2015
by: Abassos • September 11, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - Sept. 10, 2015
by: Abassos, Alarson and Cmaloney • September 10, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - Sept. 2, 2015
by: Abassos, Cmaloney and Alarson • September 3, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug. 26, 2015
by: Abassos, Alarson and Cmaloney • August 30, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug. 19, 2015
by: Abassos, Alarson and Cmaloney • August 19, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug. 12, 2015
by: Abassos and Sean McGuire • August 14, 2015 • no comments
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→ read the full summaries...Oregon Supreme Ct - August 6, 2015
by: Sean McGuire and Abassos • August 6, 2015 • no comments
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→ read the full summaries...Oregon Supreme Ct - July 30, 2015
by: Sean McGuire and Abassos • July 30, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 29, 2015
by: Sean McGuire and Abassos • July 29, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 22, 2015
by: Abassos, Brook Reinhard, Matthew Watkins, Jonathan Heritage, Joseph Hampton, Robert Taylor, Sean McGuire, Kit Taylor and April Yates • July 22, 2015 • no comments
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→ read the full summaries...Oregon Supreme Ct - July 16, 2015
by: Abassos and Tyler Williams • July 16, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 15, 2015
by: Sean McGuire and Abassos • July 15, 2015 • no comments
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→ read the full summaries...Oregon Supreme Ct - July 9, 2015
by: Abassos • July 9, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 8, 2015
by: Abassos, Sean McGuire, Tyler Williams and Kit Taylor • July 8, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 1, 2015
by: April Yates, Sean McGuire, Tyler Williams and Abassos • July 1, 2015 • no comments
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→ read the full summaries...Oregon Appellate Ct - June 24, 2015
by: Abassos, Sean McGuire, April Yates and Tyler Williams • June 24, 2015 • no comments
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→ read the full summaries...US Supreme Ct - June 18, 2015
by: Abassos • June 19, 2015 • no comments
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