Case Reviews
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Oregon Appellate Court, September 8, 2021
by: Rankin Johnson • September 10, 2021 • no comments
DEFENDANT'S STATEMENTS - Attachment of right to counsel EXPUNGEMENT - Basis for denial SENTENCING - Consecutive sentences SEARCH AND SEIZURE - Exigency EVIDENCE - Vouching SEARCH AND SEIZURE - Scope of traffic stop DEFENDANT'S STATEMENTS - Statements in connection with disciplinary hearing EVIDENCE - Expert and opinion testimony SENTENCING - Enhanced sex-offender sentences DEFENDANT'S STATEMENTS - Miranda warnings in translation
→ read the full summaries...Oregon Appellate Court, September 1, 2021
by: Rankin Johnson • September 3, 2021 • no comments
SEARCH AND SEIZURE - Search incident to arrest SEARCH AND SEIZURE - Probable cause CONTEMPT - Sufficiency RIGHT TO COUNSEL - Waiver SEARCH AND SEIZURE - Particularity of search warrant application SEARCH AND SEIZURE - Conduct constituting a stop
→ read the full summaries...Oregon Appellate Court, August 18, 2021
by: Rankin Johnson • August 19, 2021 • no comments
CIVIL COMMITMENT - Sufficiency DUII - Premises open to the public PRESERVATION - Invited error
→ read the full summaries...Oregon Appellate Court, August 11, 2021
by: Rankin Johnson • August 13, 2021 • no comments
DEFENDANT'S STATEMENTS - Voluntariness SUPERVISION - No-contact provisions
→ read the full summaries...Oregon Appellate Court, August 4, 2021
by: Rankin Johnson • August 6, 2021 • no comments
CIVIL COMMITMENT - Record and burden of proof RESTITUTION - Time limitations SENTENCING - Merger
→ read the full summaries...Oregon Supreme Court, July 22, 2021
by: Rankin Johnson • July 30, 2021 • no comments
CIVIL COMMITMENT - Record and burden of proof
→ read the full summaries...Oregon Appellate Court, July 28, 2021
by: Rankin Johnson • July 30, 2021 • no comments
CIVIL COMMITMENT - Record and burden of proof SEARCH AND SEIZURE - Refusal to take a breath test SENTENCING - Consecutive sentences EVIDENCE - Hearsay and probation-violation hearings SENTENCING - Restitution SENTENCING - PSIs
→ read the full summaries...Oregon Appellate Court, July 21, 2021
by: Rankin Johnson • July 21, 2021 • no comments
DUII - Breath test procedure FINES, FEES, AND COSTS - Ability to pay UNLAWFUL USE OF A VEHICLE - Knowledge that car is stolen
→ read the full summaries...Oregon Appellate Court, July 14, 2021
by: Rankin Johnson • July 16, 2021 • no comments
FAPA, STALKING, AND RESTRAINING ORDERS - Contact EVIDENCE - Other-bad-acts APPEAL AND REVIEW - Preservation SENTENCING - Restitution PRELIMINARY HEARING - Consideration of defenses SEARCH AND SEIZURE - Reasonable grounds INITIATING A FALSE REPORT - Elements BURGLARY - Building SEARCH AND SEIZURE - Reasonable suspicion
→ read the full summaries...Oregon Appellate Court, July 8, 2021
by: Rankin Johnson • July 8, 2021 • no comments
SELF-DEFENSE - Initial aggressor TRESPASSING - Boundaries SENTENCING - Compensatory fines SEARCH AND SEIZURE - Particularity of warrant for electronic data DEFENSES - Choice of evils THEFT - Mens rea JURY UNANIMITY - Concurrence instructions TRAFFIC OFFENSES - Juvenile offenders
→ read the full summaries...Oregon Appellate Court, June 30, 2021
by: Rankin Johnson • July 2, 2021 • no comments
EVIDENCE - Eyewitness identifications SENTENCING - Probation conditions NATIVE AMERICAN LAW - Treaty defenses SEARCH AND SEIZURE - Officer safety POST-CONVICTION RELIEF - Church hearings SEARCH AND SEIZURE - Reasonable suspicion BURGLARY - Dwelling SENTENCING - Consecutive sentences APPEALS - Post-opinion dismissal
→ read the full summaries...Oregon Appellate Court, June 23, 2021
by: Rankin Johnson • June 25, 2021 • no comments
SENTENCING - Merger SEARCH AND SEIZURE - Police conduct constituting seizure SENTENCING - Reviewability DEFENDANT'S STATEMENTS - Invocation DUII - FSTs CIVIL COMMITMENT - Dangerousness
→ read the full summaries...Oregon Supreme Court, June 24, 2021
by: Rankin Johnson • June 24, 2021 • no comments
POST-CONVICTION RELIEF - Effect of failure to appeal
→ read the full summaries...Oregon Appellate Court, June 16, 2021
by: Rankin Johnson • June 18, 2021 • no comments
EVIDENCE - 403 balancing DEFENSES - Choice of evils RIGHT TO JURY TRIAL - Nonunanimous verdicts TRIAL PROCEDURE - Telephone testimony
→ read the full summaries...Oregon Supreme Court, June 10, 2021
by: Rankin Johnson • June 11, 2021 • no comments
ACCUSATORY INSTRUMENTS - Waiver of preliminary hearing
→ read the full summaries...Oregon Appellate Court, June 9, 2021
by: Rankin Johnson • June 11, 2021 • no comments
EVIDENCE - 403 balancing ATTEMPT TO ELUDE - Vehicles SENTENCING - Fines, fees, and costs EVIDENCE - Vouching SENTENCING - Fines, fees, and costs ENDANGERING THE WELFARE OF A MINOR - Sufficiency of the evidence SENTENCING - Fines, fees, and costs SEARCH AND SEIZURE - Officer safety
→ read the full summaries...Oregon Appellate Court, June 3, 2021
by: Rankin Johnson • June 4, 2021 • no comments
RESTITUTION - Proof THEFT - Valuation THEFT - Mens rea ASSAULT - Mens rea DUII - Predicate offenses SENTENCING - PSIs
→ read the full summaries...Oregon Appellate Court, May 26, 2021
by: Rankin Johnson • May 28, 2021 • no comments
DEFENDANT'S STATEMENTS - Statements made in connection with supervision PRE-TRIAL PROCEEDINGS - Pre-trial motions ASSAULT - Substantial pain APPELLATE PROCEDURE - Reviewability DRUG OFFENSES - Mere presence RESTITUTION - Proof SEARCH AND SEIZURE - Scope of traffic stop DUII - Implied consent ASSAULT - Injury
→ read the full summaries...Oregon Supreme Court, May 20, 2021
by: Rankin Johnson • May 28, 2021 • no comments
EVIDENCE - Impeachment POST-CONVICTION RELIEF - Ineffective assistance of appellate counsel
→ read the full summaries...Oregon Appellate Court, May 19, 2021
by: Rankin Johnson • May 21, 2021 • no comments
EVIDENCE - Stipulations and relevance EVIDENCE - Impeachment THEFT - Value RIGHT TO COUNSEL - Related offenses DUII - Diversion procedure DEFENDANT'S STATEMENTS - Promises of lenience SEARCH AND SEIZURE - Probable cause SEARCH AND SEIZURE - Conduct constituting search TRIAL PROCEDURE - Concurrence instructions SEARCH AND SEIZURE - Exigent circumstances
→ read the full summaries...