Oregon Appellate Court - Jan 10, 2018

by: Msofia@ocdla.org • January 19, 2018 • no comments

Summarized by Sara Werboff, OPDS | Edited by Mary Sofia, OCDLA

SEARCH & SEIZURE

Motion to Suppress—

State v. Burnham, 289 Or App 783 (2018) (Garrett, J.)

CRIMINAL PROCEDURE

Criminal Procedure--Right to Self-Representation

The trial court erred in denying defendant the right to self-representation because it determined that defendant had insufficient reasons for wanting to represent himself. The trial court did not engage in a colloquy to determine whether defendant could knowingly and intelligently waive his right to counsel, and the record was insufficient for review.

State v. Muhammad, 289 Or App 816 (2018) (per curiam)

SENTENCING

Sentencing—Attorney Fees

The court holds that the trial court erred by imposing attorney fees without first determining defendant's ability to pay.

State v. Davis, 289 Or App 819 (2018) (per curiam)