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The Library Search and Seizure Privacy Interest, Stops,Arrests, Consent, Warrant Exceptions, Suppression Exceptions, Search Warrants Forensic Science Ballistics, Bitemarks, Bloodstains, DNA, Eyewitness ID, Fingerprints, Handwriting ID, Polygraphs, Shaken Baby Evidence Code Procedure, Relevance, Privileges, Lay Witnesses, Experts, Hearsay, Physical Evidence Immigration Padilla, Agg Felonies, Inadmissibility, Removability, Moral Turpitude, Naturalization, Juveniles, U-Visas Crimes Measure 11, Drugs, Sex Crimes, Homicide, Property, DUII, Child Abuse, Other Crimes Self-Incrimination Evidentiary Burdens, State Compulsion, Custody/Compelling Circumstances, Right to Silence, Impeachment Mental States Civil Commitments, Aid & Assist, GEI, Disordered Mental State, Mens Rea, Testing, DSM-IV Defenses Alibi, Necessity, Speedy Trial, Self Defense Oregon Constitution Speedy Trial, Right to Counsel, Confrontation, Double Jeopardy, Equal Privileges, Ex Post Facto, Venue Extradition Veterans and Military Service Created by Jess Barton. Sentencing Criminal Episodes,Merger, Consecutive Sentences, Mandatory Minimums, Probation, Restitution, Collateral Consequences Dependency Under Construction Investigation Under Construction Appeals/PCR/Habeas Under Construction. Delinquency Not Yet Created The Pool This spot will be the entry point to the OCDLA online forum, the next generation of The Pond

You, yes YOU can Edit This Website The OCDLA Library of Defense is a digital manual for criminal defense built by the collective contributions of OCDLA members. Ultimately, it will contain every law, every case, every expert, every resource and every good idea an Oregon defense attorney might need. But only if you help us out. If you visit a page on this website that is missing a case or has a typo, please edit the page. You can even reorganize or rewrite the page if you're feeling ambitious. If you have any questions or suggestions, please email Alex Bassos at abassos@gmail.com Recent Blog Posts Improper Joinder Demurrer Follow-Up | Ryan Scott The Class of Victims | Ryan Scott News of the Week | Stacy Du Clos Equal Protection, Restitution and Indigency | Rankin Johnson III Self Fulfilling Prophecy: Buzzed Driving and DUII | Richard Oberdorfer The Silver Lining in McDaniel | Jesse Merrithew Obliterating ID Marks on a Firearm | Ryan Scott This Week's Cases Character Evidence of Truthfulness – Laying the Foundation In order to lay a proper foundation for character evidence as to a witness’s propensity for truthfulness or untruthfulness, there must be adequate contacts for the witness to have a current personal opinion. Here, there were adequate contacts where the witness testified that he had known the complainant his whole life, including seeing her after the incident in question. State v. Colon Prosecutorial Misconduct – Right to Remain Silent – Prejudice The court finds that even though at trial the prosecutor intentionally violated defendant’s right to remain silent by asking questions to the officer about defendant’s invocation, the violation was harmless. A violation is harmless where it is unlikely that the jury drew a prejudicial inference. Defendant was acquitted on the charge of resisting arrest, to which he devoted the overwhelming majority of his defense. The remaining count, PCS, was never ‘at issue’ in that defendant neither argued that he didn’t possess the pipe nor that the pipe did not contain cocaine. Thus, it is unlikely that the jury drew any inferences from defendant’s invocation of his right to remain silent at the scene. State v Dalby Merger – Theft by Receiving Two charges of theft by receiving merge where the charges are for separate items received during one criminal episode without evidence of a sufficient pause between thefts. State v Jay Reversal on Remand – Prejudice This case is a reconsideration in light of Lopez-Minjarez, the S.Ct.’s rejection of the natural and probable consequences instruction. Defendant had argued that he withdrew from the crimes of robbery and burglary before his codefendant shot the victim. The court decides that the jury could have found that the murder was a natural consequence of the robbery but that it did not occur in the course of and furtherance of the robbery because defendant withdrew. Ergo, the verdict could have been based on the illegal instruction and must be reversed. State v Perez-Chi Compensatory Fine – Preservation A compensatory fine may not be used to reimburse a witness for travel expenses to attend a trial. Here though, defendant told the court that restitution may not be imposed for such a purpose. As a result of that objection, the court imposed a compensatory fine instead, to which there was no objection. Thus, the argument on appeal that the compensatory fine was illegal was insufficiently preserved. State v Choat PCR > Issues on Remand Where Court of Appeals “reverses and remands,” the case is returned to its original pretrial posture unless the court specifies that only certain claims are to be retried. Thus, where the court reversed and remanded in Allen I, the post-conviction court erred by not exercising its discretion to allow petitioner to amend his petition for post-conviction relief. Allen v. Premo PCR > No Review for Dismissals as Meritless “[PCR] petitions that fail to state a claim are meritless, and a judgment dismissing a petition as meritless is not appealable.” Young v. Hill. Here, both parties agreed that the post-conviction court dismissed the petition for failure to state a claim. Thus, the appellate court could not review the court’s decision. Pedroso v. Nooth