Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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Oregon Appellate Court--January 31, 2018
by: Rankin Johnson • February 2, 2018 • no comments
CIVIL COMMITMENT
- CIVIL COMMITMENT—Mootness
- CIVIL COMMITMENT—Plain error
SELF-INCRIMINATION
- SELF-INCRIMINATION-Interrogation
PCR/HABEAS CORPUS CIVIL COMMITMENT
- CIVIL COMMITMENT—Sufficiency
Oregon Appellate Court--January 24, 2018
by: Rankin Johnson • January 26, 2018 • no comments
JUVENILE LAW
- JUVENILE LAW—Findings
- JUVENILE LAW—Plain error
PCR/HABEAS CORPUS
- PCR—Church hearings
CRIMINAL PROCEDURE
- CRIMINAL PROCEDURE—Findings
Oregon Appellate Court--January 17, 2018
by: Msofia@ocdla.org • January 22, 2018 • no comments
EVIDENCE
- Evidence—OEC 403—Racial slur
PCR/HABEAS CORPUS
- PCR—Reversed and Remand for Further Proceedings—Scope of remand
- PCR—Dismissal of Petition—Basis for dismissal
Oregon Appellate Court - Jan 10, 2018
by: Msofia@ocdla.org • January 19, 2018 • no comments
SEARCH & SEIZURE
- Motion to Suppress— Search Warrants - Overbroad Portion of Warrant Can Be Excised
CRIMINAL PROCEDURE
- Criminal Procedure--Right to Self-Representation
SENTENCING
- Sentencing—Attorney Fees
Oregon Appellate Court – January 3, 2018
by: Msofia@ocdla.org • January 9, 2018 • no comments
CIVIL COMMITMENT
- Civil Commitment—Sufficiency of Evidence—Unable to Meet Basic Needs/Danger to Others
- Civil Commitment—Advice of Rights—Plain Error
CRIMES
- Crimes—Endangering Welfare of Minor—Plain Error MJOA
EVIDENCE
- Evidence—OEC 510—Privilege for Identity of a Confidential Informant
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Seizure—Extension of Traffic Stop
SENTENCING
- Sentencing—$255 DUII Conviction Fee
Oregon Appellate Court – December 28, 2017
by: Msofia@ocdla.org • January 2, 2018 • no comments
APPEALS
- Appeals—Alternative Basis for Affirmance
CRIMES
- Crimes—Third-degree assault of an emergency medical services provider—MJOA
CRIMINAL PROCEDURE
- Criminal Procedure—Variance between pleading and proof
CUSTODIAL INTERROGATION/MIRANDA
- Custodial Interrogation—Right to Counsel—Invocation & Waiver
EVIDENCE
- Evidence—Mental Disease or Defect Notice Requirement—Lay Witnesses
- Evidence—OEC 403—Record of Balancing
JUVENILE DEPENDENCY/JUVENILE DELINQUENCY
- Juvenile Delinquency—Juvenile Court’s Authority to Modify Disposition
- Juvenile Dependency—Rational Relationship To Basis for Jurisdiction
PCR/HABEAS CORPUS
- PCR—Meritless Petition—Appeal
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Search—Automobile Exception
SENTENCING
- Sentencing—Restitution—Loss of Use versus Conversion Damages
Oregon Appellate Court – December 20, 2017
by: Msofia@ocdla.org • December 27, 2017 • no comments
APPEALS
- Appellate Review—Jury Instructions
CIVIL COMMITMENT
- Civil Commitment—Advice of Outcomes—Plain Error
DEFENSES
- Defenses—Jury Instructions—Choice of Evils/Duress
EVIDENCE
- Evidence—Vouching—Plain Error
- Evidence—Jury Instructions—Less Satisfactory Evidence
JUVENILE DEPENDENCY/DELIQUENCY
- Juvenile Dependency—Active Efforts Determination—Appeal
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Search—Inventory Exception
- Motion to Suppress—Warrantless Seizure—Traffic Stop Extension
Oregon Supreme Court—December 14, 2017
by: Msofia@ocdla.org • December 20, 2017 • no comments
PCR/HABEAS CORPUS
- PCR—Inadequate Assistance of Counsel—Inadequate Investigation
Oregon Appellate Court – December 13, 2017
by: Msofia@ocdla.org • December 20, 2017 • no comments
CRIMES
- Rape—Jury Instructions—Plain Error
- Violation of a Stalking Protective Order—Sufficiency of Evidence
EVIDENCE
Evidence—Prior Bad Acts—Hostile Motive
SENTENCING
- Sentencing—Restitution—Plain Error
- Sentencing—Stipulated Sentence—Appellate Review
Oregon Appellate Court – December 6, 2017
by: Msofia@ocdla.org • December 11, 2017 • no comments
EVIDENCE
- Expert Witnesses—Comment on Credibility
PCR/Habeas Corpus
- PCR—Inadequate Investigation of Penalty-Phase Mitigation Evidence
- PCR—Trial counsel’s failure to prevent or remedy prosecutor’s impermissible cross-examination prejudiced petitioner
Oregon Supreme Court—November 30, 2017
by: Msofia@ocdla.org • December 6, 2017 • no comments
Oregon Appellate Court – November 29, 2017
by: Msofia@ocdla.org • December 4, 2017 • no comments
APPEALS
- Appeals—Justiciability—Mootness
CRIMINAL PROCEDURE
- Criminal Procedure—Setting Aside Record of Arrest—Arrest for Contempt
- Criminal Procedure—Waiver of Appointed Counsel—Intentional waiver
EVIDENCE
- Evidence—Expert Testimony—Qualifications of Expert
JUVENILE DEPENDENCY/JUVENILE DELIQUENCY
- Juvenile Dependency—Motion to Set Aside Guardianship
SEARCH & SEIZURE
- Motion to Suppress—Attenuation—Preservation
SENTENCING
- Sentencing—Probation Revocation—Consecutive Incarceration Sanctions
Oregon Appellate Court – November 22, 2017
by: Msofia@ocdla.org • November 30, 2017 • no comments
DEFENSES
- Defenses—Guilty Except for Insanity Defense—Insufficient Evidence
EVIDENCE
- Evidence—Non-Hearsay—Out-of-court statement identifying defendant as the shooter not statement of identification
JUVENILE DEPENDENCY/JUVENILE DELINQUENCY
- Juvenile Dependency—Juvenile court’s jurisdiction to continue durable guardianship
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Search—Scope of Search Incident to Arrest Exception
SENTENCING
- Sentencing—Resentencing—Increased sentence and scope of remand
- Sentencing—Compensatory Fine—Plain Error
- Sentencing—$2,000 Fine for Third DUII, $255 State Obligation, $60 Mandatory State Amount—Plain Error
Oregon Appellate Court – November 15, 2017
by: Msofia@ocdla.org • November 21, 2017 • no comments
CRIMES
- Failure to Report as a Sex Offender—Classification of juvenile adjudication determines whether failure to report is a felony
- Tampering with Physical Evidence—MJOA—Plain Error
CUSTODIAL INTERROGATION/MIRANDA
- Custodial Interrogation/Miranda—Compelling Circumstances
EVIDENCE
- Evidence—ORS 136.444—Corroboration of Accomplice Testimony
- Evidence—Prior Bad Acts Evidence—Harmless Error
- Evidence—Vouching—Plain Error
JUVENILE DEPENDENCY/DELIQUENCY
- Juvenile Delinquency—Sentencing—Conditions of Probation
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Searches—Record insufficient to establish that blood alcohol dissipation constituted an exigent circumstance
PCR/HABEAS CORPUS
- PCR—PCR judgment—Remanded for PCR court to fashion relief that will cure petitioner’s actual prejudice
Oregon Appellate Court – November 8, 2017
by: Msofia@ocdla.org • November 21, 2017 • no comments
CRIMES
- Crimes—Theft & Criminal Mischief—Property of an owner
CRIMINAL PROCEDURE
- Criminal Procedure—Right to Self-Representation—Mid-trial waiver of counsel
EVIDENCE
- Evidence—Remand for OEC 403 balancing
SEARCH & SEIZURE
- Motion to Suppress—Probable Cause of Traffic Violation—Failure to Drive Within a Lane
SENTENCING
- Sentencing—Restitution—Type of victim for which court may award restitution to health insurer
Oregon Appellate Court – November 1, 2017
by: Msofia@ocdla.org • November 9, 2017 • no comments
DEFENSES
- Defenses—Extreme Emotional Disturbance—Preservation
- Evidence—OEC 403—Record demonstrates balancing
JUVENILE DEPENDENCY/DELINQUENCY
- Juvenile Dependency—Jurisdictional Judgment—Evidentiary Bases
- Juvenile Dependency—Required Findings—Absence of Findings Not Plain Error
- Juvenile Dependency—Jurisdiction—Scope of jurisdictional bases
PAROLE/PPS
- Parole—Evidence—Mitigating Evidence Relevant in Juvenile Offender Parole-Release-Date Hearing
PCR/ HABEAS CORPUS
- PCR—Contents of Judgment—Admissibility of evidence on retrial not a proper subject of PCR judgment
SEARCH & SEIZURE
- Motion to Suppress—Preservation—Sufficiency of one-page motion
- Motion to Suppress—Warrantless Seizure—Officers lacked probable cause to arrest defendant after officer safety concerns dissipated
- Motion to Suppress—Warrantless Search and Seizure—Officer Safety, Voluntary Consent, Emergency-Aid, and School Safety Exceptions
SENTENCING
- Sentencing—Fines and Fees—DUII conviction fee not included within statutory maximum fine for Class A misdemeanor
- Sentencing—Fines and Fees—Error to impose premarked $255 DUII conviction fee on form judgment
- Sentencing—Fines and Fees--Plain error to impose court-appointed attorney where record silent as to defendant ability to pay
Oregon Appellate Court – October 25, 2017
by: Msell@mpdlaw.com • October 30, 2017 • one comment
CRIMINAL PROCEDURE
- Criminal Procedure—Concurrence Instruction—Plain Error
EVIDENCE
- Evidence—Witness-False-in-Part Instruction
- Evidence—Remand for OEC 403 balancing
- Evidence—Relevance—Evidence of Acquittal
JUVENILE DEPENDENCY/JUVENILE DELINQUENCY
- Juvenile Delinquency—Third-degree Assault—Sufficiency of Evidence
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Searches—Abandonment of Privacy Right
- Motion to Suppress—Issue Preclusion—Relitigating suppression in another jurisdiction
- Motion to Suppress—Right Against Self-Incrimination—Invocation and Waiver
Oregon Appellate Court-- Oct 19, 2017
by: Msell@mpdlaw.com • October 25, 2017 • no comments
OREGON COURT OF APPEALS [edit]⇲
CRIMES
- Stalking Protective Order—Sufficiency of Evidence
- Witness Tampering—Sufficiency of Evidence
CRIMINAL PROCEDURE
- Criminal Procedure—Improper Joinder
PCR/HABEAS CORPUS
- PCR—Inadequate Assistance of Counsel—Vouching
SEARCH & SEIZURE
- Motion to Suppress—Probable Cause of Traffic Violation—Failure to Drive Within a Lane
SENTENCING
- Sentencing—Subcategory Facts—Timing of Submission to Jury
Oregon Supreme Court-- Oct 19, 2017
by: Msell@mpdlaw.com • October 25, 2017 • no comments
OREGON SUPREME COURT [edit]⇲
EVIDENCE
- Evidence—Right to Confrontation—Witness Unavailability
PCR/HABEAS CORPUS
- PCR—Dismissal of Meritless Petition—Appellate Review
Oregon Appellate Court – October 11, 2017
by: Msell@mpdlaw.com • October 13, 2017 • no comments
EVIDENCE
- Evidence—Insanity Defense—Timeliness of Notice
SENTENCING
- Sentencing—Negotiated Plea Agreements—Trial Court’s Authority to Depart
