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From OCDLA Library of Defense
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Go here to see a list of:

2021 Case Summaries by Topic

2020 Case Summaries by Topic

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


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Oregon Appellate Court--February 28, 2018

by: Rankin Johnson • March 5, 2018 • no comments

SENTENCING

TRIAL PROCEDURE
EVIDENCE
CRIMES 
TRIAL PROCEDURE 
SENTENCING 
  • SENTENCING - Compensatory fines
  • TRIAL PROCEDURE -- Good cause
  • EVIDENCE -- Other bad acts
  • CRIMES--Burglary
  • TRIAL PROCEDURE -- Demurrers
  • SENTENCING -- Review of prison rules
  • SENTENCING -- Forfeiture of firearms
  • EVIDENCE -- Vouching
→ read the full summaries...

Oregon Appellate Court--February 22, 2018

by: Rankin Johnson • February 27, 2018 • no comments

SEARCH AND SEIZURE

EVIDENCE
CONTEMPT
EVIDENCE
CRIMES 
SEARCH AND SEIZURE 
SENTENCING 
TRIAL PROCEDURE 
CRIMES 
CRIMES 
  • SEARCH AND SEIZURE - Reasonable suspicion
  • EVIDENCE -- OEC 403 balancing
  • CONTEMPT -- Remedial contempt
  • CRIMES--DUII
  • CRIMES--Felon in possession of a firearm
  • EVIDENCE -- Inferences
  • SEARCH AND SEIZURE -- Consent searches
  • SENTENCING -- Statutory maximum term
  • TRIAL PROCEDURE -- Motions for new trials
  • SENTENCING -- No-contact provisions
→ read the full summaries...

Oregon Appellate Court--February 14, 2018

by: Rankin Johnson • February 23, 2018 • no comments

SELF-INCRIMINATION

DEFENSES
EVIDENCE
SELF-INCRIMINATION
EVIDENCE
SENTENCING 
  • SELF-INCRIMINATION - Compelling circumstances
  • DEFENSES -- Events triggering statute of limitations'
  • EVIDENCE -- Conduct of victim bearing on negligence
  • EVIDENCE -- Other-bad-acts
  • SELF-INCRIMINATION -- Questioning following invocation
  • EVIDENCE -- Reputation evidence of truthfulness
  • EVIDENCE -- Evidence of bias
  • SENTENCING -- Dispositional departures
  • SENTENCING -- Consecutive sentences
→ read the full summaries...

Oregon Appellate Court--February 7, 2018

by: Rankin Johnson • February 15, 2018 • no comments

PCR

MENTAL STATES
DEFENSES
APPEALS
JUVENILE LAW
STALKING/VROs
PCR
TRIAL PROCEDURE
  • PCR - Ineffective assistance -- Objection to vouching evidence
  • MENTAL STATES -- Mental disease or defect - Drug-induced psychosis'
  • DEFENSES - Self-defense - relevance of other-bad-acts
  • APPEALS - Preservation of error
  • JUVENILE LAW -- Reasonable efforts to contact parent
  • APPEALS - Plain and invited error
  • DEFENSES - Self-defense - relevance of victim's state of mind
  • STALKING/VROs—Acts constituting violation
  • TRIAL PROCEDURE - Presence of the defendant
→ read the full summaries...

Oregon Supreme Court - February 8, 2018

by: Rankin Johnson • February 12, 2018 • no comments

Sentencing

Dependency
  • Sentencing - CDO factors
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

Oregon Supreme Court—November 30, 2017

by: Msofia@ocdla.org • December 6, 2017 • no comments

SEARCH & SEIZURE

  • Motion to Suppress—Preservation
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...