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Case Reviews

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{{DISPLAYTITLE:Case Reviews}}
 
{{DISPLAYTITLE:Case Reviews}}
 
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:::::'''Go here to see a list of:'''
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:::::'''[[2019_Case_Summaries_by_Topic|2019 Case Summaries by Topic]]''''''
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:::::[[2018_Case_Summaries_by_Topic | '''2018 Case Summaries by Topic''']]
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:::::[[2017_Case_Summaries_by_Topic | '''2017 Case Summaries by Topic''']]
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:::::[[2016_Case_Summaries_by_Topic | '''2016 Case Summaries by Topic''']]
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:::::[[2015_Case_Summaries_by_Topic | '''2015 Case Summaries by Topic''']]
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___________________________________________________________________
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==Oregon Supreme Court--February 28,2019==
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'''EVIDENCE — Hearsay, official records, and business records.'''
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Records generated by police agencies are not admissible as business records but may be admissible as official records. Reversed and remanded for new trial.
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[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll3/id/7118/download#page=1&zoom=auto State v. Edmonds] 364 Or 410 (February 28, 2019) (Balmer) (Clackamas County, Van Dyk)
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'''FAILURE TO APPEAR — 'Released from custody' element of offense'''
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A book-and-release process ordered by a judge is not 'custody,' as that term is used in the failure-to-appear statutes, and therefore the court erred in denying a motion for judgment of acquittal. Reversed.
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[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll3/id/7119/download#page=1&zoom=auto State v. McColly] 364 Or 464 (February 28, 2019) (Nelson) (Tillamook County, Stevens)
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'''POST-CONVICTION RELIEF — Statute of limitations escape clause'''
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Post-conviction petitioner was advised of potential immigration consequences at the time of his plea, and therefore his ignorance of those consequences did not toll the statute of limitations. Affirmed.
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The court also noted that the record raised the issue of whether the petitioner's mental disabilities were a basis to toll the statute of limitations. But, because petitioner alleged, in a declaration attached to the petition, that he would not have pleaded guilty if he had known the immigration consequences, the court held that he was mentally competent to understand the significance of immigration consequences.
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The court further noted that the evidence of defendant's mental disabilities did not show that it prevented him from consulting with counsel or timely filing a petition.
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[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll3/id/7120/download#page=1&zoom=auto Perez-Rodriguez v. State] 364 Or 489 (February 28, 2019) (Nelson, Balmer dissenting) (Washington County, Kohl)
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'''POST-CONVICTION RELIEF — Statute of limitations escape clause'''
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Post-conviction petitioner was unaware of potential immigration consequences until he was placed in deportation proceedings, by which time the post-conviction statute of limitations had expired, and therefore the statute of limitations was tolled. Reversed and remanded.
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The court explained that, because neither the court nor defense counsel told petitioner of the possibility of immigration consequences, a reasonable layperson in petitioner's position would have had no reason to investigate or consult with counsel. The resulting rule is similar to the civil discovery rule for tolling a statute of limitations.
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Balmer dissented, arguing that petitioner had all the facts necessary to his claim. Balmer would have held that the petitioner's legal ignorance did not make his failure to seek counsel reasonable.
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[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll3/id/7123/download#page=1&zoom=auto Gutale v. State] 364 Or 502 (February 28, 2019) (Nelson) (Washington County, Bailey)

Revision as of 13:50, March 12, 2019


Go here to see a list of:
2019 Case Summaries by Topic'
2018 Case Summaries by Topic
2017 Case Summaries by Topic
2016 Case Summaries by Topic
2015 Case Summaries by Topic


___________________________________________________________________

Oregon Supreme Court--February 28,2019

EVIDENCE — Hearsay, official records, and business records. Records generated by police agencies are not admissible as business records but may be admissible as official records. Reversed and remanded for new trial. State v. Edmonds 364 Or 410 (February 28, 2019) (Balmer) (Clackamas County, Van Dyk)

FAILURE TO APPEAR — 'Released from custody' element of offense A book-and-release process ordered by a judge is not 'custody,' as that term is used in the failure-to-appear statutes, and therefore the court erred in denying a motion for judgment of acquittal. Reversed. State v. McColly 364 Or 464 (February 28, 2019) (Nelson) (Tillamook County, Stevens)

POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was advised of potential immigration consequences at the time of his plea, and therefore his ignorance of those consequences did not toll the statute of limitations. Affirmed. The court also noted that the record raised the issue of whether the petitioner's mental disabilities were a basis to toll the statute of limitations. But, because petitioner alleged, in a declaration attached to the petition, that he would not have pleaded guilty if he had known the immigration consequences, the court held that he was mentally competent to understand the significance of immigration consequences. The court further noted that the evidence of defendant's mental disabilities did not show that it prevented him from consulting with counsel or timely filing a petition. Perez-Rodriguez v. State 364 Or 489 (February 28, 2019) (Nelson, Balmer dissenting) (Washington County, Kohl)

POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was unaware of potential immigration consequences until he was placed in deportation proceedings, by which time the post-conviction statute of limitations had expired, and therefore the statute of limitations was tolled. Reversed and remanded. The court explained that, because neither the court nor defense counsel told petitioner of the possibility of immigration consequences, a reasonable layperson in petitioner's position would have had no reason to investigate or consult with counsel. The resulting rule is similar to the civil discovery rule for tolling a statute of limitations. Balmer dissented, arguing that petitioner had all the facts necessary to his claim. Balmer would have held that the petitioner's legal ignorance did not make his failure to seek counsel reasonable.

Gutale v. State 364 Or 502 (February 28, 2019) (Nelson) (Washington County, Bailey)

Oregon Appellate Court, January 5, 2022

by: Rankin Johnson • January 7, 2022 • no comments


Oregon Appellate Court, December 29, 2021

by: Rankin Johnson • December 31, 2021 • no comments


Oregon Supreme Court, December 30, 2021

by: Rankin Johnson • December 31, 2021 • no comments


Oregon Appellate Court, December 22, 2021

by: Rankin Johnson • December 27, 2021 • no comments


Oregon Appellate Court, December 15, 2021

by: Rankin Johnson • December 17, 2021 • no comments


Oregon Appellate Court, December 8, 2021

by: Rankin Johnson • December 10, 2021 • no comments


Oregon Supreme Court, December 9, 2021

by: Rankin Johnson • December 10, 2021 • no comments


Oregon Appellate Court, December 1, 2021

by: Rankin Johnson • December 2, 2021 • no comments


Oregon Supreme Court, December 2, 2021

by: Rankin Johnson • December 2, 2021 • no comments


Oregon Appellate Court, November 24, 2021

by: Rankin Johnson • November 27, 2021 • no comments


Oregon Supreme Court, November 24, 2021

by: Rankin Johnson • November 27, 2021 • no comments


Oregon Appellate Court, November 17, 2021

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


Oregon Supreme Court, November 17, 2021

by: Rankin Johnson • November 18, 2021 • no comments


Oregon Supreme Court, November 12, 2021

by: Rankin Johnson • November 12, 2021 • no comments


Oregon Appellate Court, November 3, 2021

by: Rankin Johnson • November 5, 2021 • no comments


Oregon Supreme Court, November 4, 2021

by: Rankin Johnson • November 5, 2021 • no comments


Oregon Appellate Court, October 27, 2021

by: Rankin Johnson • October 29, 2021 • no comments


Oregon Appellate Court, October 20, 2021

by: Rankin Johnson • October 21, 2021 • no comments


Oregon Appellate Court, October 13, 2021

by: Rankin Johnson • October 15, 2021 • no comments


Oregon Appellate Court, October 6, 2021

by: Rankin Johnson • October 11, 2021 • no comments


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