Oregon Appellate Ct - Nov 2, 2016

by: Sara Werboff • November 4, 2016 • no comments

First-Degree Criminal Mistreatment - "Takes" Under Statute Does Not Require Intent to Permanently Deprive

State v. Browning, 282 Or App 1 (2016) (Duncan, P.J.)

Sentencing - Court Lacked Authority to Impose No-Contact Order for Incarceration and PPS Sentence

State v. Hall, 282 Or App 9 (2016) (Duncan, P.J.)

Juvenile Dependency - Lack of Proof of Harm to Children's Welfare

DHS v. K.C.F., 282 Or App 12 (2016) (Duncan, P.J.)

Appeal and Review - Order Determining that Defendant's Statements are Confessions is Not Appealable

State v. Wenning, 282 Or App 21 (2016) (Egan, P.J.)

403 Balancing - Reversal Required Because Record Did Not Establish that Court Conducted Balancing

State v. Anderson, 282 Or App 24 (2016) (Flynn, J.) (Devore, J., dissenting)

Contempt - Evidence Did Not Show that Defendant "Willfully" Violated Restraining Order

State v. Nicholson, 282 Or App 51 (2016) (Haselton, S.J.)

Per Curiam - Reversing "Mandatory State Amt"

State v. Knight, 282 Or App 64 (2016) (per curiam)

Per Curiam - Reversing Compensatory Fine

The court accepts the state's concession that the record was insufficient to support the award of a $2,000 compensatory fine.

State v. Higgins, 282 Or App 66 (2016) (per curiam)

Per Curiam - Reversing Attorney Fees

The court reverses as plain error a $200 attorney fee award because the record was silent as to defendant's ability to pay fees and because the erroneous imposition of fees was a substantial hardship to defendant.

State v. Caldwell, 282 Or App 68 (2016) (per curiam)

Per Curiam - Civil Commitment - Insufficient Proof for Civil Commitment

The court accepts the state's concession that the record was legally insufficient to support the appellant's involuntary commitment.

State v. C.A.S., 282 Or App 70 (2016) (per curiam)