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 - Sept 15, 2016
by: Sara Werboff • September 18, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - Sept 14, 2016
by: Sara Werboff • September 16, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - Sept 8, 2016
by: Sara Werboff • September 11, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug 31, 2016
by: Sara Werboff • September 2, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug 24, 2016
by: Sara Werboff • August 26, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug 17, 2016
by: Sara Werboff • August 19, 2016 • no comments
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→ read the full summaries...Oregon Supreme Ct - August 11, 2016
by: Sara Werboff • August 11, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug 10, 2016
by: Sara Werboff • August 10, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - Aug 3, 2016
by: Sara Werboff • August 7, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 27, 2016
by: Aalvarez@mpdlaw.com • July 28, 2016 • no comments
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→ read the full summaries...Oregon Supreme Ct - July 21, 2016
by: Aalvarez@mpdlaw.com • July 22, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 20, 2016
by: Aalvarez@mpdlaw.com • July 21, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - July 7, 2016
by: Amanda Alvarez Thibeault • July 7, 2016 • no comments
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→ read the full summaries...Oregon Supeme Ct - June 30, 2016
by: Amanda Alvarez Thibeault • June 30, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - June 29, 2016
by: Amanda Alvarez Thibeault • June 30, 2016 • no comments
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→ read the full summaries...U.S. Supreme Ct - June 27, 2016
by: Amanda Alvarez Thibeault • June 27, 2016 • no comments
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→ read the full summaries...U.S. Supreme Ct - June 23, 2016
by: Aalvarez • June 23, 2016 • no comments
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→ read the full summaries...Oregon Appellate Ct - June 22, 2016
by: Aalvarez • June 23, 2016 • no comments
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→ read the full summaries...U.S. Supreme Ct - June 20, 2016
by: Aalvarez • June 20, 2016 • no comments
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→ read the full summaries...Oregon Supreme Ct - June 16, 2016
by: Aalvarez • June 16, 2016 • no comments
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→ read the full summaries...