Oregon Appellate Court, November 27, 2019
by: Rankin Johnson • December 6, 2019 • no comments
Summarized by Rankin Johnson, OCDLA
CLOSING ARGUMENT - Counsel's opinions and plain error
Trial court did not plainly err by failing to declare mistrial during closing argument, when the prosecutor expressed a personal opinion about witnesses' credibility. Affirmed.
State v. McCurry 300 Or App 666 (November 27, 2019) (Armstrong) (Washington County, Garcia)
JOINDER - Offenses of the same or similar character
Sexual offenses committed against a child and unrelated possession of child pornography are not 'of the same or similar character' and thus should not be alleged in a single indictment. Reversed and remanded.
The Court of Appeals adopted an approach used by the First and Ninth Circuits, considering a variety of factors including the temporal proximity of the offenses and the potential of evidentary overlap. The court rejected the state's proposed approach, that sexual crimes against children were necessarily of the same or similar character.
State v. Garrett 300 Or App 671 (November 27, 2019) (Tookey) (Lane County, Conover)
SEARCH AND SEIZURE - Mere conversation
Police did not stop defendant by approaching him, using flashing lights, to ask why he was pushing a shopping cart in the road and what was in his pockets. Affirmed.
State v. Kuehne 300 Or App 698 (November 27, 2019) (Tookey) (Coos County, Stone)
SELF-INCRIMINATION - Harmlessness
Admission of defendant's statement "I shot the guy," made while under arrest and in response to question "what's your involvement here" at the scene of a shooting was harmless. Affirmed.
Defendant shot and killed his supervisor six days after a work dispute, and raised EED as a defense. He had made numerous statements to co-workers about his intent to kill the victim, got rid of his dogs beforehand and took a loaded gun with him when he took a taxi to work.
The court also ruled that the police officer's question fell within the federal 'public safety' exception.
State v. Forsdhee 300 Or App 739 (November 27, 2019) (Tookey) (Klamath County, Bunch)
ZZZ - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. Sanchez-Anderson 300 Or App 767 (November 27, 2019) (DeHoog) (Washington County, Butterfield)
ZZZ - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. XXX 300 Or App XXX (November 27, 2019) (XXX) (XXX County, Hill)
ZZZ - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. XXX 300 Or App XXX (November 27, 2019) (XXX) (XXX County, Hill)
ZZZ - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. XXX 300 Or App XXX (November 27, 2019) (XXX) (XXX County, Hill)
ZZZ - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. XXX 300 Or App XXX (November 27, 2019) (XXX) (XXX County, Hill)
ZZZ - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. XXX 300 Or App XXX (November 27, 2019) (XXX) (XXX County, Hill)
ZZZ - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. XXX 300 Or App XXX (November 27, 2019) (XXX) (XXX County, Hill)
