Oregon Appellate Court, March 3, 2021

by: Rankin Johnson • March 30, 2021 • no comments

Summarized by Rankin Johnson, OCDLA

XXX - Disproportionate punishment

Cutting a safe open after it was taken from the owner was not theft by taking. Reversed and remanded.

Defendant was charged with, inter alia, aggravated theft, which could have been theft by taking or theft by receiving. In denying defendant's MJOA and his related jury-instruction-like argument, the trial court erred even though defendant was potentially guilty under other theories.

State v. Zimmerman 309 Or App 447 (March 3, 2021) (Armstrong) (Jefferson County, Hillman)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)

XXX - Disproportionate punishment

Seventy-five month prison term for substitute teacher touching third-grade girl's thigh under her skirt was not disproportionate. Affirmed.

The court noted that the teacher had previously been suspended by the Teacher Standards and Practices Commission for having inappropriate relations with students.

State v. XXX 309 Or App XXX (March 3, 2021) (XXX) (XXX County, XXX)