Oregon Appellate Ct - June 3, 2015

by: Abassos, Tyler Williams, April Yates and Kit Taylor • June 3, 2015 • no comments

Disorderly Conduct II - People In a House Who Know Each Other Are Not "The Public"

For the purposes of Disorderly Conduct, the public is the community in general, as opposed to private individuals. Here, a fight wholly contained within a mobile home did not affect the public. The four people inside the trailer were not the public because they were known to each other and in a private residence. The risk that someone outside the trailer would hear the fight would require at least some "information about the surrounding environment". Reversed. State v. Love 271 Or App 545

A DMV Order Dismissing Breath Test Suspension Is Relevant to Officer's Credibility at a DUII Trial

The trial judge at a suppression hearing should have admitted a DMV order dismissing the suspension for refusing a breath test where the order contained prior inconsistent statements from the officer. The order contained findings of an Administrative Law Judge and prior inconsistent statements that were probative of the credibility of the arresting officer. However, the court ultimately considers the error harmless because the inconsistent statements were introduced during cross examination. Applying the logic of State v. Davis, the court finds that the “DMV order would not have provided ‘qualitatively different’ evidence on that point.” State v. McRae 271 Or App 558 (2015)

Consent and Exploitation - Cases on Reconsideration After Unger/Musser/Lorenzo Should Be Remanded for Record to Develop

When the appellate court is reconsidering a case involving consent during an illegal stop in our post Unger / Musser/[ http://scholar.google.com/scholar_case?case=6511160357979449514&q=related:5hIKKmMM7tIJ:scholar.google.com/&hl=en&as_sdt=6,38 Lorenzo] world, the court will remand it so that the record can develop in accordance with the new framework. State v. Heater 271 Or App 538