Oregon Appellate Court, August 18, 2021

by: Rankin Johnson • August 19, 2021 • no comments

Summarized by Rankin Johnson, OCDLA

CIVIL COMMITMENT - Sufficiency

Schizophrenia and methamphetamine addiction, combined with a history of not taking medication, exacerbated by lack of housing, warranted civil commitment. Affirmed.

Poor dental health, carrying the possibility of life-threatening abscesses, was too speculative to warrant commitment.

State v. C. V.-I. 314 Or App 39 (August 18, 2021) (DeHoog) (Marion County, Nelson)

DUII - Premises open to the public

Public park was 'open to the public' even after posted closing time. Affirmed.

State v. Logan 314 Or App 72 (August 18, 2021) (Powers) (Curry County, Beaman)

PRESERVATION - Invited error

Defense counsel's choice not to object to state's requested jury instruction, which misstated the law in reliance on an overturned decision, precluded review. Affirmed.

State v. Price 314 Or App 108 (August 18, 2021) (Per curiam) (Clackamas County, Karabeika)

PRESERVATION - Invited error

Defense counsel's acknowledgement that bail could be used for fines and child support precluded argument on appeal that court failed to consider defendant's ability to pay. Affirmed.

State v. Ponzi 314 Or App 116 (August 18, 2021) (Per curiam) (Columbia County, Grove)