Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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U.S. Supreme Court - June 9, 2016
by: Aalvarez • June 11, 2016 • no comments
- Judicial Recusal - "Earlier, Significant, Personal Involvement As a Prosecutor"
- Double Jeopardy - Dual Prosecutions in Puerto Rico and The United States
Oregon Appellate Ct - June 8, 2016
by: Aalvarez • June 9, 2016 • no comments
- Failing to Obey a Police Officer – Not Similar Enough to a Criminal Prosecution to Require Additional Constitutional Protections
- Interfering with a Peace Officer – Activities that Constitute Resisting Arrest Are Excluded from the IPO Statute
- Denial of Request for Substitute Counsel – Not An Abuse of Discretion
- Sentencing – Plain Error in Sentencing the Defendant More than the Maximum Allowed by Law
- Disorderly Conduct – Screaming Obscenities 30 Feet Away From Someone
- Merger – Attempted Aggravated Murder with a Firearm and Attempted Murder with a Firearm
- PCR – IAC – Standard for Ineffective Counsel
- Counseling Records in a Child Sex Abuse Case Were Subject to In Camera Review
- Isolated Incident of Aggressive Behavior Insufficient Basis for a Restraining Order
- Permanency Plan - Court Must Consider More Than Just the Most Recent Few Months of Reunification Efforts Before Determining DHS Made Reasonable Efforts
- Civil Commitment – Basic Needs
- TPR - Per Curiam Reversal
Oregon Appellate Ct - June 2, 2016
by: Aalvarez • June 8, 2016 • no comments
- Encouraging Child Sex Abuse - Hearsay Statements – Harmless Error
- Article I, section 12 – Neither Equivocal nor Unequivocal Invocation of Right to Silence – “I don’t have nothing to say”
- Prior False Accusations – Child Sex Abuse
- Not Plain Error to Impose Attorney’s Fees
- Warrantless Entry into Defendant’s Home Not Justified Where No Evidence Presented on How Long it Would Have Taken to Obtain a Warrant
- ORS 813.131(2013) – Certification Required to Request a Urine Test
- Two Different Permanency Plans for the Same Children
- Attorney’s Fees – Plain Error in Imposing
- Per Curiam Reversal – Failure to Register as a Sex Offender
U.S. Supreme Court - May 31, 2016
by: Aalvarez • June 4, 2016 • no comments
- Capital Case - If Future Dangerousness is an Issue, Jurors Must Be Told Only Alternative to Death Sentence is Life Without Parole
U.S. Supreme Ct - May 23rd, 2016
by: Aalvarez • May 29, 2016 • no comments
- Batson - Finding of Purposeful Discrimination Despite Race Neutral Explanations
U.S. Supreme Ct - May 19, 2016
by: Aalvarez • May 29, 2016 • no comments
- Sixth Amendment Right to a Speedy Trial Does Not Apply Once a Defendant Has Been Convicted
Oregon Supreme Ct - May 26, 2016
by: Aalvarez • May 27, 2016 • no comments
- Waiver Into Adult Court - It Takes More Than "Criminal Capacity" for a 13 Year Old to Be Tried as an Adult
Oregon Appellate Ct - May 25th, 2016
by: Aalvarez • May 26, 2016 • no comments
- Consent to Search a Purse Did Not Include Consent to Search a Closed Makeup Compact Found Inside
- A Guilty Plea to One Burglary Does Not Justify Awarding Restitution Based on Other Unsolved Burglaries
- Permanency - Sufficient Evidence to Justify Changing from Reunification to Guardianship
- Orders that Did Not “Adversely Effect” a Parent’s Duties Were Not Appealable
- Consent to Search a Backpack Did Not Include Consent to Search a Closed Grocery Bag Inside the Backpack
- Failing to Provide the “Accomplice Witness” Instruction – Reversible Error
- Per Curiam Civil Commitment Reversal
Oregon Appellate Ct - May 16, 2016
by: Abassos and Aalvarez • May 20, 2016 • no comments
- A Request for DNA Testing is Not a “Collateral Attack on the Validity of Defendant’s Conviction”
- Attorney’s Fees – Plain Error Where Insufficient Evidence of Ability to Pay
- Dependency – ICWA Is Not Retroactively Applicable Once the Court Has Reason to Know of Tribal Membership
- Dependency - Permanency – Right to Participate in Hearings
- Dependency – TPR – Service of Termination Petition in Absence of Parent
- PCR - ORS 138.550(2) – Whether Petitioner Barred From Raising Claims That Should Have Been Raised on Direct Appeal
Oregon Appellate Ct - May 11th, 2016
by: Aalvarez • May 12, 2016 • no comments
- Increased Suspension Under ORS 813.430(2)(b)(C) – What Qualifies As An Out of State Conviction
- Appellate Procedure – Issue Not Preserved by Mere Citation to Constitution
- Criminal Mistreatment – A Dirty Diaper Is Not “Withholding Necessary and Adequate Physical Care”
- MJOA – Testimony of an Accomplice Without Corroboration
- Plain Error – Merger of Solicitation and Conspiracy to Commit a Single Crime
- Appellate Procedure - Motion to Dismiss under ORAP 8.05(3) – Sufficient Evidence that the Defendant Absconded
- Whether Particular Convictions Are Part of the Same Criminal Episode Under ORS 137.717
- Telephonic Testimony – ORS 45.400 – Juvenile Dependency Hearing
- Permanency – Changing Plan from Reunification to Adoption
- Parental Bond – Compelling Reasons for a Court to Decline to Change the Permanency Plan to Adoption
- Initial Failure to Provide Services by DHS in a Dependency Case
- Appellate Jurisdiction - DUII – Maximum Fines Allowed By Law
- Search and Seizure – Consent Was Not Voided by Police Trespass
- PCR – Post-Conviction Request for DNA Testing
- Attorney’s Fees- Seriously, The Court Really Means There Must Be Findings of An Ability to Pay
- Civil Commitment – Three Per Curiam Reversals
- Restitution and $60 Mandatory Assessment – No Authority for Either
- Habeas – Prior Petitions Involving the Same Claim
Oregon Supreme Ct - May 5, 2016
by: Aalvarez • May 7, 2016 • no comments
- Theft – Exact Worth of a Stolen Item Not a Material Element of the Crime
- Oregon Supreme Court Upholds the Convictions and Death Sentences of the Woodburn Bank Bombers in 140+ Page Opinion Covering Several Legal Issues
Oregon Appellate Ct - May 4th, 2016
by: Aalvarez and Cmaloney • May 5, 2016 • no comments
- Traffic Stop – Not a Show of Authority to Walk a Drug Dog Around the Car But Still A Violation of the 4th Amendment Where no Reasonable Suspicion to Justify Initial Stop
- PCR – No Prejudice Results From Counsel's Failure to Seek Dismissal of Counts When the Trial Court Could Have and Would Have Imposed the Same Sentence Regardless
- Eyewitness Identification – No Abuse of Discretion to Admit an in Court ID After Witness Remembers the Defendant Only After Being Shown a Photograph in Court
- Luring a Minor – “Explicit Verbal Description”
- Resentencing a Defendant to a Longer Sentence After a Successful Appeal
- Modification of a Felony Sentence on Remand
- PCR – Procedural Default – “Escape Clause”
- Search and Seizure – Mere Conversation – Asking a Passenger to Step out of a Car
- Attorney’s Fees – Plain Error in Imposing When the Record is Silent on the Defendant’s Ability to Pay
- Restitution – Hospital Bill Insufficient to Prove Reasonableness of Medical Bills
- Per Curiam Reversals of $60 “Mandatory State Assessment"
- Imposition of $60 “Mandatory State Assessment” – Lack of Statutory Authority
U.S. Supreme Court - May 2nd, 2016
by: Aalvarez • May 3, 2016 • no comments
- Federal Conspiracy Law - Participants in the Conspiracy
- Death Penalty - Extreme Delays Between Sentencing and Execution
Oregon Appellate Ct - April 27, 2016
by: Aalvarez and Cmaloney • April 28, 2016 • no comments
- Sexual Abuse II – “Subject" Does Not Require Proof that the Defendant Exerted Control
- Article I, Section 11 – Implicit Waiver of Counsel – Waiver by Misconduct
Oregon Appellate Ct - April 20, 2016
by: Aalvarez and Cmaloney • April 21, 2016 • no comments
- Speedy Trial – Former ORS 135.747 – Re-Trial After Mistrial
- Unlawful Hunting – Native American Treaty Rights as a Defense
- PCR – IAC – Failure to Hire An Expert – Dangerous Offender Determination
- Article I, Section 11 – Right to Counsel – Questioning on Represented Matters
- Endangering the Welfare of a Minor – “Permitting” – MJOA
- UUV – Operable/Inoperable Motor Vehicle – MJOA
- SPO – Speech Related Contacts and “Imminent Threats of Violence"
- Felony Public Indecency – Not Plain Error to Enter a Conviction of Felony Public Indecency When Defendant Has a Prior Conviction for an Attempted Sexual Offense
- Felony Public Indecency – Life Sentence Not Unconstitutional When Predicate Convictions Are Not Solely for Public Indecency and There Is Egregious Uncharged Sexual Misconduct
- Subject Matter Jurisdiction – How to Challenge Subject Matter Jurisdiction of a State Court Over Crimes Committed Within Indian Country
- Disorderly Conduct – Per Curiam Reversal
Oregon Supreme Ct - April 14, 2016
by: Aalvarez • April 15, 2016 • no comments
- Search and Seizure - Searches by Private Parties - "State Action"
Oregon Appellate Ct - April 13, 2016
by: Aalvarez and Cmaloney • April 14, 2016 • no comments
- Trial Procedure – ORS 136.570 Does Not Provide Exclusion of Witnesses as a Remedy
- Discovery Violation – Failure to Include Witnesses on a State’s Pre-Trial Witness List
- Chain of Custody – Evidence Re-Tested by the State Crime Lab
- Pointing a Firearm At Another – MJOA – “Within Range of the Firearm"
- Sex Abuse I – Proportionality – Buck/Rodriguez
- Appellate Procedure – Preservation – Failure to use the Words “I Object”
- Trial Procedure – Exclusion of Witnesses – Failure to Read Witness Name to Jury
- Attorney Fees - Court Must Make the Predicate Determination That a Defendant "Is or May Be Able to Pay" the Fees
- DNA Testing - A Post-Conviction Motion for DNA Testing and Appointment of Counsel Must Satisfy the Statutory Requirements
- Statement Against Interest – The Declarant Must Appreciate the Statement's Potential Detrimental Impact for the Hearsay Exception to Apply
- Search and Seizure – Reasonable Suspicion of Drug Activity
- An Incorrect First and Middle Name Does Not Automatically Render a Search Warrant Insufficiently Particular
- Civil Commitment – “Qualified Examiner"
- Search and Seizure – Traffic Stop – Reasonable Suspicion of Drug Activity
Oregon Supreme Ct - April 7, 2016
by: Aalvarez • April 8, 2016 • no comments
- Article I, Section 11 – Right to Counsel – Questioning an Already Represented Defendant
Oregon Appellate Ct - April 6, 2016
by: Aalvarez • April 7, 2016 • no comments
- PCR - IAC - Natural and Probable Consequences Jury Instruction
- Sixth Amendment – Apprendi – Jury Trial Not Required for Restitution Determination
- Sentencing – Shift to I
- Search and Seizure – Pat Downs - Officer Safety Exception
- Miranda – Custody/Compelling Circumstances – Use of Restraints
- Jury Instructions – Self Defense
- Hindering Prosecution & Tampering with Physical Evidence – “Physical Evidence”
- Merger – Felon in Possession of a Firearm
- Civil Commitment – Failure to Advise the AMIP of His Right to Subpoena
- Civil Commitment – Unable to Provide for Basic Needs
- Dependency – Appeal Dismissed as Moot
U.S. Supreme Court - March 30, 2016
by: Aalvarez • March 31, 2016 • no comments
- Sixth Amendment Right to Counsel – Pretrial Restraints on Funds
