Oregon Appellate Court, March 10, 2021
by: Rankin Johnson • March 18, 2021 • no comments
Summarized by Rankin Johnson, OCDLA
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
The issue was raised for the first time on reconsideration.
State v. Bradley 309 Or App 598 (March 10, 2021) (Ortega) (Washington County, Bailey)
SEX CRIMES - Sexual Contact
Error in failing to define 'sexual contact' for the jury was harmless. Affirmed.
The court reversed and remanded for resentencing, because the sentencing court imposed a restitution award for CARES, which was not a victim.
State v. Burris 309 Or App 604 (March 10, 2021) (DeVore) (Washington County, Wipper)
RIGHT TO JURY TRIAL - Unanimity
Instructing jury that it could return nonunamimous verdict was reversible notwithstanding lack of jury poll. Reversed.
Under federal law, the state bore the burden to prove harmlessness.
State v. Scott 309 Or App 615 (March 10, 2021) (DeHoog, Mooney specially concurring) (Marion County, Prall)
XXX - Disproportionate punishment
Entering defendant's private property and holding a broken piece of car bumper next to defendant's car was an invasion of privacy requiring a warrant. Reversed.
The court rejected the state's argument that, by not touching or manipulating defendant's car, the officer did not perform a search. Rather, by closely inspecting defendant's car, the officer exceeded the implicit license for the public to approach the door.
DeVore, dissenting in part, would have held that manipulating an object, or otherwise revealing something hidden, would be required to find that police engaged in a search.
State v. Goldberg 309 Or App 660 (March 10, 2021) (En banc, James, DeVore concurring in part and dissenting in part) (Lane County, Carlson)
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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 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 10, 2021) (XXX) (XXX County, XXX)
