Oregon Appellate Court October 10, 2012

by: Stephanie Clark • October 10, 2012 • no comments

Overtime Payments to State Employees Are Not a Recoverable Cost of Prosecution

"Unforeseeable and unbudgeted" salary-related payments to state employees are not a "specially incurred" cost of prosecution recoverable under ORS 161.665(1). Here, overtime police expenditures for guarding defendant in the hospital were not recoverable. State v. Kuehner, __ Or App __ (2012).

PCR > Inadequate Advice about Stipulated Facts Trial

A defense attorney's advice is constitutionally deficient when it inaccurately informs client that a stipulated facts trial will preserve an issue for appeal that is, instead, unpreserved. Here, defendant's attorney told him that a stipulated facts trial on his DUII would preserve appeal on the issue of whether he was eligible for diversion. However, defendant's stipulation to the victim's injury made defendant ineligible for diversion under ORS 813.215(1)(j)(B).

Koch v. State, __ Or App __ (2012).