Oregon Appellate Ct - Sept 7, 2017
by: Msell@mpdlaw.com • September 21, 2017 • no comments
- CRIMES/CONTEMPT
Restraining Orders – “Interfering” with Petitioner – Insufficient Evidence of Interference
Defendant did not violate a restraining order by “interfering” with the petitioner when he emailed her employer and accused her of theft and fraud. “Interference” does not include “taking part in the concerns of others” and here, defendant did not have any direct physical or verbal contact with petitioner.
State v. Balero, 287 Or App 678 (2017) (Duncan, J.)
CUSTODIAL INTERROGATION/MIRANDA
- Miranda Right to Counsel – Equivocal Invocation of Right to Counsel
EVIDENCE
- Self-Incrimination – Error to Introduce Defendant’s Invocation at Trial
PCR/HABEAS CORPUS
- Post-Conviction Relief – Ineffective Assistance of Counsel – Guilty Pleas
PER CURIAMS
- Appeal and Review – Harmless Error
- Fines and Fees – "Mandatory State Amt"
SEARCH AND SEIZURE
- Search and Seizure – Search Warrants – Warrant for Electronic Devices was Overbroad
- Search and Seizure – Probable Cause – Traffic Violations – Impeding Traffic
State v. Sanelle, 287 Or App 611 (2017) (Ortega, P.J.)
State v. Villar, 287 Or App 656 (2017) (Lagesen, J.)
State v. Burnham, 287 Or App 661 (2017) (Garrett, J.)
State v. Carson, 287 Or App 631 (2017) (Egan, J.)
Owen v. Taylor, 287 Or App 639 (2017) (Lagesen, J.)
State v. McLean, 287 Or App 686 (2017) (per curiam) (Hadlock, C.J., concurring)
State v. Triplett, 287 Or App 694 (2017) (per curiam)
