Oregon Appellate Court, July 22, 2020

by: Rankin Johnson • July 22, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

ATTEMPTS - Circumstance elements

Attempting to murder multiple people in the same criminal episode is attempted aggravated murder as to each. Affirmed.

Defendant argued that murdering multiple people in a single criminal episode was aggravated murder, but he did not 'attempt' for the multiple-victim circumstance to exist. In rejecting his argument, the Court of Appeals explained that an attempt merely requires taking an intentional substantial step toward the completed offense; there is no mental-state element with respect to elemental circumstances.

State v. Kyger 305 Or App 548 (July 22, 2020) (Lagesen) (Clackamas County, Wetzel)

HABEAS CORPUS - Justiciable claims

Plaintiff stated a claim by alleging that prison officials were failing to provide adequate medical treatment. Reversed.

The court noted that plaintiff was transferred from OSP to OSCI "[i]n response to plaintiff’s investigation into OSP’s suspected interference with its inmates’ legal appeals preparations."

Durham v. Laney 305 Or App 558 (July 22, 2020) (Lagesen) (Marion County, Geyer)