Case Reviews
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Oregon Appellate Court--January 3, 2019
by: Rankin Johnson • January 8, 2019 • no comments
FINES, FEES, AND COSTS - Ability to pay APPEAL AND REVIEW - Proceedings on remand SEARCH AND SEIZURE - Officer safety
→ read the full summaries...Oregon Appellate Court--December 19, 2018
by: Rankin Johnson • December 20, 2018 • no comments
APPEAL AND REVIEW - Motions to correct the judgment POST-CONVICTION RELIEF - Natural-and-probable-consequences instruction SENTENCING - Merger
→ read the full summaries...Oregon Supreme Court - December 13, 2018
by: Rankin Johnson • December 20, 2018 • no comments
SEARCH AND SEIZURE — Property held by third parties RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver
→ read the full summaries...Oregon Appellate Court--December 5, 2018
by: Rankin Johnson • December 14, 2018 • no comments
SEARCH AND SEIZURE - Officer safety EVIDENCE - 403 Balancing POST-CONVICTION - Bases for relief EVIDENCE - Hearsay SENTENCING - Restitution EXPUNCTION - Expunction of juvenile records CIVIL COMMITMENT - Proof of dangerousness INTERFERING WITH A PEACE OFFICER - Interfering with the performance of peace officer's duties TRIAL PROCEDURE - Bench trials SEARCH AND SEIZURE - Basis to stop SENTENCING - Supervision conditions INTERFERING WITH A PEACE OFFICER - Passive resistance CONTEMPT - Judgment
→ read the full summaries...Oregon Supreme Court - December 6, 2018
by: Rankin Johnson • December 11, 2018 • no comments
SELF-INCRIMINATION — Voluntariness DOUBLE JEOPARDY — Inchoate and completed crimes SEARCH AND SEIZURE — Traffic stops TRIAL PROCEDURE — Joinder
→ read the full summaries...Oregon Appellate Court--November 28, 2018
by: Rankin Johnson • December 1, 2018 • no comments
APPEALS - Plain error APPEALS - Law of the case SENTENCING - Financial obligations SELF-INCRIMINATION - Invocation of right to remain silent SENTENCING - Permissible sentencing conditions SENTENCING - Merger
→ read the full summaries...Oregon Appellate Court--November 21, 2018
by: Rankin Johnson • November 26, 2018 • no comments
APPEALS - Preservation ROBBERY - Delay between theft and threat of force MIRANDA - Right to counsel on related charges SENTENCING - Revocation sentences EVIDENCE - Other-bad-acts SENTENCING - Sentence-reduction programs SENTENCING - Revocation sentences
→ read the full summaries...Oregon Appellate Court--November 15, 2018
by: Rankin Johnson • November 18, 2018 • no comments
SEARCH AND SEIZURE - Police conduct constituting a stop TRESPASSING - Adequacy of exclusion notice APPEAL AND REVIEW - Harmlessness
→ read the full summaries...Oregon Supreme Court - November 8, 2018
by: Rankin Johnson • November 12, 2018 • no comments
EVIDENCE — State-of-mind hearsay exception
Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court reversed, Court of Appeals affirmed, remanded for new trial.
Defendant was accused of robbing the victim and then killing him. Defendant argued that the victim had robbed defendant and defendant killed him in self-defense. Defendant sought to offer evidence of e-mails the victim had sent about his financial difficulties. The trial court excluded some of the e-mails as hearsay. Because the e-mails tended to prove the victim’s state of mind, they were admissible as nonhearsay notwithstanding that they also referred to historical facts.
State v. Bement 363 Or 760 (November 8, 2018) (Nelson) (Washington County, Knapp)
Oregon Appellate Court--November 7, 2018
by: Rankin Johnson • November 8, 2018 • no comments
CONTROLLED SUBSTANCES - Sufficiency of the evidence BURGLARY - Sufficiency of the evidence DOUBLE JEOPARDY - Judicial actions constituting acquittal POST-CONVICTION RELIEF - Actual innocence POST-CONVICTION RELIEF - Prejudice TRIAL PROCEDURE - Voir dire CONTEMPT - Sufficiency of the evidence ASSAULT - Injury SENTENCING - Special probation conditions
→ read the full summaries...Oregon Appellate Court--October 31, 2018
by: Rankin Johnson • October 31, 2018 • no comments
SEARCH AND SEIZURE - Officer safety PROBATION - Medical-marijuana prohibition SENTENCING - Sentences in excess of M11 minima SEARCH AND SEIZURE - Failure to carry/present license EVIDENCE - Experts SEARCH AND SEIZURE - Officer safety APPEAL AND REVIEW - Preservation
→ read the full summaries...Oregon Appellate Court--October 24, 2018
by: Rankin Johnson • October 24, 2018 • no comments
SEARCH AND SEIZURE - Conduct constituting a stop DUII - Statutory counterparts
→ read the full summaries...Oregon Appellate Court--October 17, 2018
by: Rankin Johnson • October 17, 2018 • no comments
INTERFERING WITH A PEACE OFFICER - Lawful order SENTENCING - Mandatory minima APPEALS - Harmlessness PROBATION - Condition requiring abidance by direction of probation officer POST-CONVICTION RELIEF - Immigration advice PAROLE - Findings
→ read the full summaries...Oregon Supreme Court - October 4, 2018
by: Rankin Johnson • October 12, 2018 • no comments
POST-CONVICTION RELIEF - Ineffective assistance of counsel SEARCH AND SEIZURE - Officer safety
→ read the full summaries...Oregon Appellate Court--September 19, 2018
by: Rankin Johnson • September 28, 2018 • no comments
ASSAULT IN THE FIRST DEGREE - Intent to cause injury STALKING/VRO/FAPA - Acts constituting abuse
→ read the full summaries...Oregon Supreme Court - September 20, 2018
by: Rankin Johnson • September 25, 2018 • no comments
SENTENCING - Separate criminal episodes
→ read the full summaries...Oregon Appellate Court--September 6, 2018
by: Rankin Johnson • September 19, 2018 • no comments
SENTENCING - Disproportionate sentences RESISTING ARREST FAILURE TO REGISTER AS A SEX OFFENDER - Time to register CRIMINAL MISTREATMENT - Dependent persons PUBLIC RECORDS REQUESTS - Records relating to child abuse SEARCH AND SEIZURE - Conduct constituting stop SENTENCING - Special probation conditions SEARCH AND SEIZURE - Emergency aid exception
→ read the full summaries...Oregon Appellate Court--August 29, 2018
by: Rankin Johnson • September 17, 2018 • no comments
TRIAL PROCEDURE - Joinder EVIDENCE - 403 balancing PCR - Ineffective assistance of counsel TRIAL PROCEDURE - Mistrials SENTENCING - DNA samples TRIAL PROCEDURE - Statutes of limitations
→ read the full summaries...Oregon Appellate Court--August 22, 2018
by: Rankin Johnson • September 10, 2018 • no comments
SENTENCING - Separate criminal episodes EVIDENCE - Expert and opinion testimony EVIDENCE - Relevance RIGHT TO COUNSEL - Self-representation
→ read the full summaries...Oregon Appellate Court--August 15, 2018
by: Rankin Johnson • August 31, 2018 • no comments
SENTENCING - Probation violations PREEMPTION - Minor in possession JURY INSTRUCTIONS - Physical Injury RIGHT TO COUNSEL - Waiver APPEALS - Preservation of error CIVIL COMMITMENT - Sufficiency of evidence APPEALS - Review of civil commitment order APPEALS - Review of Second Look proceedings SENTENCING - Merger
→ read the full summaries...