Oregon Appellate Court, January 29, 2020
by: Rankin Johnson • February 6, 2020 • no comments
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Preservation and making a record
Camping ordinances did not violate constitution. Affirmed.
Defendant was arrested repeatedly for camping in Portland. Before trial, he filed a motion to dismiss, later captioned a demurrer, raising numerous arguments. The Court of Appeals held that he failed to make a factual record showing that there were no homeless shelters available and that his as-applied arguments could not be raised pre-trial.
Ortega, concurring, would have held that the Eighth Amendment prohibits punishing a homeless person for camping when no alternative is available, but agreed that defendant had not made an adequate record.
James, concurring, believed that defendant had raised a proper facial challenge, because defendant's argument applied to a class of people, which James would have rejected on the merits.
State v. Barrett 302 Or App 23 (January 29, 2020) (DeVore, Ortega concurring, James concurring) (Multnomah County, Bushong)
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
Summarized by Rankin Johnson, OCDLA
TRIAL PROCEDURE - Subpoena enforcement
State's appeal. Victim is not a party, such that his failure to appear when subpoenaed is a basis for dismissal. Reversed and remanded.
State v. XXX 302 Or App XXX (January 29, 2020) (XXX) (XXX County, XXX)
