OCDLA Library of Defense - Latest Case Reviews
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Oregon Court of Appeals, September 10th, 2025by: Rankin Johnson SEARCH AND SEIZURE - Particularity SEARCH AND SEIZURE - Scope of search CRIMINAL MISTREATMENT - Sufficiency JOINDER, SEVERANCE, AND ELECTION - Discretion to order election MENS REA - Mental states and specific elements APPEAL AND REVIEW - Preservation ASSAULT - Risk of death Oregon Court of Appeals, September 4th, 2025by: Rankin Johnson FORFEITURE - Right to return of property EVIDENCE - Child hearsay exception EVIDENCE - Expert testimony EVIDENCE - Vouching Oregon Court of Appeals, August 27th, 2025by: Rankin Johnson MENTAL HEALTH DEFENSES - Insanity DUII - Field Sobriety Tests DEFENDANT'S STATEMENTS - Compelling circumstances DUII - Out-of-state convictions EVIDENCE - Opinion evidence MENS REA - Transferred intent MENS REA - Recklessness Oregon Court of Appeals, August 20th, 2025by: Rankin Johnson CLOSING ARGUMENT - Improper argument by prosecutor EVIDENCE - Toolmarks in firearms CLOSING ARGUMENT - Improper argument by prosecutor POST-CONVICTION RELIEF - Procedures SEARCH AND SEIZURE - Officer safety JOINDER, SEVERANCE, AND ELECTION - Variance HUNTING, FISHING, AND WILDLIFE OFFENSES - Mental states and specific elements CLOSING ARGUMENT - Improper argument by prosecutor Oregon Court of Appeals, August 6th, 2025by: Rankin Johnson EVIDENCE - Other bad acts SEARCH AND SEIZURE - Particularity SENTENCING - Open court HEARSAY AND CONFRONTATION - Statements against interest EVIDENCE - Other bad acts JURY INSTRUCTIONS - Witnesses DUII - FSTs Oregon Court of Appeals, July 30th, 2025by: Rankin Johnson EVIDENCE - Other bad acts JURY SELECTION - Improper statements by prosecutor CONTEMPT - Sufficiency CONTEMPT - Defenses CLOSING ARGUMENT - Improper argument by prosecutor JOINDER, SEVERANCE, AND ELECTION - Variance Oregon Court of Appeals, July 23rd, 2025by: Rankin Johnson SENTENCING - The evidentiary record SENTENCING - Restitution SENTENCING - Merger Oregon Court of Appeals, July 9th, 2025by: Rankin Johnson SEARCH AND SEIZURE - Particularity SENTENCING - Driver's license suspension EVIDENCE - Other bad acts EVIDENCE - Other bad acts CLOSING ARGUMENT - Improper argument by prosecutor Oregon Court of Appeals, July 2nd, 2025by: Rankin Johnson RIGHT TO COUNSEL - Waiver SEARCH AND SEIZURE - Technological surveillance Oregon Court of Appeals, June 25th, 2025by: Rankin Johnson APPEAL AND REVIEW - Notice of Appeal timelines FAPA, STALKING, AND RESTRAINING ORDERS - Victim's rights JURY SELECTION - Juror history of abuse Oregon Supreme Court, June 24th, 2025by: Rankin Johnson CLOSING ARGUMENT - Facts in evidence JURY INSTRUCTIONS - Reviewability Oregon Court of Appeals, June 18th, 2025by: Rankin Johnson RESISTING ARREST AND RELATED OFFENSES - Passive resistance EVIDENCE - Other bad acts DEFENDANT'S STATEMENTS - Probation-violation hearings Oregon Court of Appeals, June 11th, 2025by: Rankin Johnson EVIDENCE - Other bad acts SENTENCING - Restitution Oregon Court of Appeals, June 4th, 2025by: Rankin Johnson EVIDENCE - Other bad acts APPEAL AND REVIEW - Right for the wrong reason EVIDENCE - Unfair prejudice APPEAL AND REVIEW - Preservation CLOSING ARGUMENT - Improper argument by prosecutor CLOSING ARGUMENT - Improper argument by prosecutor FINES, FEES, AND COSTS - Payment plans EVIDENCE - Prior convictions Oregon Court of Appeals, May 29th, 2025by: Rankin Johnson MERGER - Lesser-included offenses EVIDENCE - Other bad acts BIAS CRIMES - Sufficiency EVIDENCE - Toolmarks in firearms MOTIONS FOR JUDGMENT OF ACQUITTAL - Menacing ATTEMPTS - Relation to completed offense SENTENCING - Disproportionality Oregon Court of Appeals, May 21st, 2025by: Rankin Johnson SENTENCING - Compensatory fine CLOSING ARGUMENT - Improper argument by prosecutor MOTIONS FOR JUDGMENT OF ACQUITTAL - Finality MENS REA - Sufficiency MOTIONS FOR JUDGMENT OF ACQUITTAL - Value Oregon Court of Appeals, May 14th, 2025by: Rankin Johnson SEARCH WARRANTS - Specificity EVIDENCE - Evidence outside the record EVIDENCE - Other bad acts SENTENCING - Merger SUFFICIENCY OF EVIDENCE - Recanting victim Oregon Court of Appeals, May 7th, 2025by: Rankin Johnson MUNICIPAL AND JUSTICE COURTS - Appeal CLOSING ARGUMENT - Improper argument by prosecutor HEARSAY AND CONFRONTATION - Sex-abuse hearsay exception DEFENDANT'S STATEMENTS - Belated Miranda warnings CLOSING ARGUMENT - Improper argument by prosecutor Oregon Supreme Court, May 1st, 2025by: Rankin Johnson DEFENDANT'S STATEMENTS - Uncharged offenses CLOSING ARGUMENT - Improper argument by prosecutor Oregon Court of Appeals, April 23rd, 2025by: Rankin Johnson DEFENSES - Sufficiency CLOSING ARGUMENT - Improper argument by prosecutor _________________________ |
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