OCDLA Library of Defense - Latest Case Reviews
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Oregon Court of Appeals, November 14th, 2024by: Rankin Johnson RIGHT TO COUNSEL - Waiver THEFT - Mens rea SENTENCING - Overlap between departure factor and elements STALKING AND FAPA ORDERS - Mens rea Oregon Supreme Court, November 7th, 2024by: Rankin Johnson APPEAL AND REVIEW - Plain Error SUBPOENAS - Domestic violence services privilege Oregon Court of Appeals, November 6th, 2024by: Rankin Johnson CLOSING ARGUMENT - Objections SEARCH AND SEIZURE - Particularity EVIDENCE - Video recordings SEARCH AND SEIZURE - Computer searches FINES, FEES, AND COSTS - Ability to pay UNLAWFUL USE OF A WEAPON - Mens rea Oregon Supreme Court, October 31st, 2024by: Rankin Johnson WAIVERS - Voluntariness and intoxication Oregon Court of Appeals, October 30th, 2024by: Rankin Johnson SEARCH AND SEIZURE - Administrative searches DUII - FSTs as scientific evidence TRIAL PROCEEDINGS - Deadlocked jury EVIDENCE - Vouching EVIDENCE - Other bad acts RIGHT TO COUNSEL - Waiver Oregon Supreme Court, October 24th, 2024by: Rankin Johnson FIREARMS - Offenses carrying firearm prohibition Oregon Court of Appeals, October 23rd, 2024by: Rankin Johnson - UNLAWFUL USE OF A VEHICLE - Mens rea SEARCH AND SEIZURE - Consent TRIAL PROCEEDINGS - Request for continuance Oregon Court of Appeals, October 9th, 2024by: Rankin Johnson DUII - Refusal to submit to a breath test JOINDER, SEVERANCE, AND ELECTION - Sufficient allegations EVIDENCE - Vouching DISORDERLY CONDUCT - Obstructing traffic Oregon Court of Appeals, September 25th, 2024by: Rankin Johnson JUDGMENTS - Oral pronouncements RIGHT TO COUNSEL - Reviewability TRIAL PROCEEDINGS - Motions to dismiss EXTREMELY-DANGEROUS-PERSON PROCEEDINGS - Nature of proceeding Oregon Court of Appeals, September 18th, 2024by: Rankin Johnson DEFENDANT'S STATEMENTS - Compelling circumstances Oregon Court of Appeals, September 4th, 2024by: Rankin Johnson STALKING/VRO/FAPA - Number of contacts INCHOATE CRIMES - Accomplice witnesses EVIDENCE - OEC 403 balancing Oregon Court of Appeals, August 28th, 2024by: Rankin Johnson PROBATION - Burden of proof WITNESSES - False-in-part instruction TAMPERING WITH EVIDENCE - Elements JUVENILE DELINQUENCY - Remand and jurisdiction EVIDENCE - Vouching POST-CONVICTION RELIEF - Amending petition SENTENCING - Plea agreements Oregon Court of Appeals, August 21st, 2024by: Rankin Johnson FREE SPEECH AND EXPRESSION - Telephonic harassment SEX OFFENDER REGISTRATION - Risk of reoffense DEFENSES - Right to instruction THEFT - Theft comparison Oregon Court of Appeals, August 14th, 2024by: Rankin Johnson HEARSAY AND CONFRONTATION - Statements against interest TRIAL PROCEDURE - Jury instructions SHACKLING - Prejudice Oregon Court of Appeals, July 31st, 2024by: Rankin Johnson SEARCH AND SEIZURE - Nexus between facts and search location SENTENCING - Reviewability FAPA AND RESTRAINING ORDERS - Procedural requirements SEARCH AND SEIZURE - Exploitation SEARCH AND SEIZURE - Officer safety HEARSAY AND CONFRONTATION - Business records INFERENCES - Threatened violence CLOSING ARGUMENT - Improper argument by prosecutor Oregon Court of Appeals, July 17th, 2024by: Rankin Johnson SENTENCING - Allocution INCHOATE CRIMES - Jury instructions SEX OFFENDER REGISTRATION - Date Oregon Court of Appeals, July 10th, 2024by: Rankin Johnson MENTAL HEALTH DEFENSES - GEI SEX OFFENDER REGISTRATION - Classification INFERENCES - SEARCH AND SEIZURE - Inventory Oregon Court of Appeals, July 3rd, 2024by: Rankin Johnson SENTENCING - Restitution SENTENCING - Double-counting departure factors Oregon Court of Appeals, June 26th, 2024by: Rankin Johnson SENTENCING - Consecutive sentences SEX OFFENDER REGISTRATION - DEFENDANT'S TESTIMONY - Impeachment CHARGING DOCUMENTS - Sufficiency SEARCH AND SEIZURE - License plate covers DEFENDANT'S STATEMENTS - Compelling circumstances Oregon Court of Appeals, June 20th, 2024by: Rankin Johnson CONTROLLED SUBSTANCE OFFENSES - Frequenting Oregon Supreme Court, June 13th, 2024by: Rankin Johnson RIGHT TO COUNSEL - Review of discretionary ruling MENTAL HEALTH DEFENSES - Qualifying disorders Oregon Court of Appeals, June 12th, 2024by: Rankin Johnson SENTENCING - Mandatory minima FINES, FEES, AND COSTS - Fees not imposed at sentencing Oregon Court of Appeals, June 5th, 2024by: Rankin Johnson SEARCH AND SEIZURE - Probable cause RESTITUTION - Reasonableness of costs MENTAL HEALTH DEFENSES - DNA samples and fingerprints EXPUNGEMENT - Marijuana-offense Oregon Court of Appeals, May 29th, 2024by: Rankin Johnson VOUCHING - Plain error ASSAULT - Aided by another person actually present JURY SELECTION - Basis for mistrial Oregon Supreme Court, May 16th, 2024by: Rankin Johnson APPEAL AND REVIEW - Preservation APPEAL AND REVIEW - Preservation _________________________ |
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