Oregon Appellate Ct - Sept 21, 2016

by: Sara Werboff • September 22, 2016 • no comments

State v. Krause, 281 Or App 143 (2016) (Hadlock, C.J.) (Egan, J., dissenting)

State v. Werner, 281 Or App 154 (2016) (Duncan, P.J.)

State v. Teagues, 281 Or App 182 (2016) (Duncan, P.J.)

State v. Markwell, 281 Or App 196 (2016) (Duncan, P.J.)

State v. Belle, 281 Or App 208 (2016) (Egan, J.)

State v. Stout, 281 Or App 263 (2016) (Shorr, J.)

Probation Revocation - Probation Does Not Have Due Process Right to Discovery of his Probation File

The court holds that the due process rights afforded to probationers facing revocation proceedings do not include the right to discovery of exculpatory evidence in a probation file, when that file is not used by the state in the revocation proceedings. Here, the state did not use the probation file and instead called defendant's probation officer to testify to the violations. Defendant asserted that he had a Fourteenth Amendment right to review his probation file and was prejudiced by the state's denial of that right. The court notes that a defendant facing revocation proceedings is entitled to fewer due process rights than a defendant facing criminal charges, and the rights previously recognized do not include the right to seek discovery of a probation file that the state does not use as evidence.

State v. Presock, 281 Or App 277 (Shorr, J.)

Dept. of Human Services v. B.P., 281 Or App 218 (2016) (Egan, J.)

Dept. of Human Services v. S.C.T., 281 Or App 246 (2016) (Devore, J.)

Porter v. Board of Parole, 281 Or App 237 (2016) (Devore, J.)