Oregon Appellate Ct - Aug 30, 2017

by: Sara Werboff • September 5, 2017 • no comments

State v. Crum, 287 Or App 541 (2017) (en banc) (Duncan, J.) (Armstrong, J., dissenting) (Egan, J., dissenting)

State v. Oxford, 287 Or App 580 (2017) (Sercombe, P.J.) (DeHoog, P.J., dissenting)

State v. Jacinto-Leiva, 287 Or App 574 (2017) (Sercombe, S.J.) (DeHoog, P.J., concurring)

State v. Gaylor, 287 Or App 495 (2017) (Lagesen, J.)

Kulhavy v. Taylor, 287 Or App 503 (2017) (Tookey, J.)

State v. Garcia-Cruz, 287 Or App 516 (2017) (Shorr, J.)

State v. Ortega-Gonsalez, 287 Or App 526 (2017) (Shorr, J.)

Per Curiam – Disorderly Conduct - Evidence Insufficient to Prove Defendant Made “Unreasonable Noise”

The court reverses defendant’s conviction for disorderly conduct after the state concedes that the evidence was insufficient to establish that defendant made “unreasonable noise.” Defendant was part of a group of 30-40 protestors and briefly yelled on his own. The evidence was insufficient to show that defendant personally made unreasonable noise.

State v. Hitchens, 287 Or App 597 (2017) (per curiam)

Per Curiam – Petition for Reconsideration Denied

The court denies defendant’s petition for reconsideration, requesting a remand for balancing the probative value of evidence against its prejudicial effect, because defendant could have raised that claim in his original briefing.

State v. Duenaz, 287 Or App 599 (2017) (per curiam)

Per Curiam – Plain Error Attorney Fees

The court accepts the state’s concession that the trial court plainly erred in imposing court-appointed attorney fees. The court exercises its discretion to correct the error in light of the other fines and fees that defendant was ordered to pay.

State v. Swartz, 287 Or App 601 (2017) (per curiam)