Oregon Appellate Court, October 9, 2019

by: Rankin Johnson • October 10, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

DEFENDANT'S STATEMENTS - Invocation of right to counsel

Defendant's question "do I need a lawyer" was an equivocal invocation, and police properly asked clarifying questions. Affirmed.

Any error regarding defendant's other statements was harmless, because the judge, sitting as factfinder, expressly said that he relied on the victims' testimony in reaching verdict.

State v. Reed 299 Or App 675 (October 9, 2019) (Hadlock) (Multnomah County, Jones)

CIVIL COMMITMENT- Evidence supporting continued commitment

Evidence that defendant suffers from Pick's Disease, which reduces inhibitions, and has been violent toward two other inmates was sufficient to show defendant to be a danger to himself or others. Affirmed.

State v. S.T. 299 Or App 696 (October 9, 2019) (Hadlock) (Marion County, Wren)

CIVIL COMMITMENT- Evidence supporting continued commitment

Evidence that defendant suffers from schizophrenia and has engaged in stalking as a result is not sufficient to show he is a danger to himself or others, when he has never been violent toward another. Reversed.

State v. Z.W.Y. 299 Or App 703 (October 9, 2019) (Hadlock) (Marion County, Reed)

CIVIL COMMITMENT- Evidence supporting continued commitment

Evidence that defendant acted irrationally and physically resisted medical attention did not prove that he was unable to provide for his basic needs. Reversed.

State v. L.M. 299 Or App 710 (October 9, 2019) (Hadlock) (Lane County, Klapstein)

CIVIL COMMITMENT- Evidence supporting continued commitment

Evidence that defendant suffers from schizophrenia and has engaged in stalking as a result is sufficient to show he is a danger to himself or others, when he has never been violent toward another. Affirmed.

In contrast to its companion case above, the Court of Appeals found that a more robust evidentiary record supported commitment, regarding defendant's mental illness, his plan to stop taking medication on release, and his belief that a stalking order against him is invalid.

State v. Z.W.Y. 299 Or App 717 (October 9, 2019) (Hadlock) (Marion County, Klapstein)

RIGHT TO COUNSEL - Conduct constituting a waiver of counsel

When three of defendant's four appointed attorneys were replaced following threats by defendant,

repeatedly reached under the dashboard after being told not to, searching under the dashboard after arrest for interfering with a peace officer was reasonably related to the crime of arrest. Reversed and remanded.

State v. Garrett 299 Or App 744 (October 9, 2019) (DeHoog) (Jackson County, Barnack)

XXX AND SEIZURE - Reasonable relationship to crime of arrest

When defendant repeatedly reached under the dashboard after being told not to, searching under the dashboard after arrest for interfering with a peace officer was reasonably related to the crime of arrest. Reversed and remanded.