Oregon Appellate Court, January 13, 2021

by: Rankin Johnson • January 13, 2021 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Reasonable suspicion

Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.

State v. Bowen 308 Or App 505 (January 13, 2021) (Aoyagi) (Lake County, Nichols)

JURY INSTRUCTIONS - Unpled prosecution theories

Instructing jury on prosecution theory that was materially different than pleaded theory was plain error. Reversed.

State v. Evans 308 Or App 523 (January 13, 2021) (Per curiam) (Umatilla County, Baxter)

SENTENCING - Restitution

Restitution award to CARES was improper, because there was no evidence that CARES suffered pecuniary damages. Reversed.

The court rejected as harmless hearsay argument and a jury-unanimity argument

State v. Fuller 308 Or App 527 (January 13, 2021) (Per curiam) (Washington County, Garcia)