Oregon Appellate Court - August 21, 2013
by: Abassos • August 21, 2013 • no comments
Endangering the Welfare of a Minor - Possession of Drugs in the Presence of a Minor May Be Enough
"Unlawful activity" in ORS ___, Endangering the Welfare of a Minor, includes the continued possession of drugs. Here, defendant had heroin in her purse while she was sitting in a car with her two kids. Because she was continuing to maintain possession while in the presence of children, there was sufficient evidence to support a conviction for Endangering. State v Gonzalez-Valenzuela, ___ Or App ___ (2013).
PCR - Failure to Object to Vouching
"We begin and end with petitioner's assertion that trial counsel rendered inadequate assistance by failing to protect petitioner from testimony and argument that improperly vouched for [the complainants'] credibility. We have little difficulty concluding that trial counsel failed to exercise reasonable professional skill and judgment, given the Supreme Court's emphatic condemnation of allowing one witness to vouch for another." Here, 5 different state's witnesses testified that they found the complainants to be credible and the state made it a core part of their argument. Failure to object to such vouching, as well as the failure to object to the state's use of vouching in closing, is unconstitutionally deficient lawyering. Berg v Nooth, ___ Or App ___ (2013)
Criminal Trespass - A Tenant Can Override a Landlord's Exclusion
A person does not commit criminal trespass where a lawful tenant invites the person onto the property. Even if the landlord of the property previously excluded the person. Per curiam - AG concedes error. State v King, ___ Or App ___ (2103)
