Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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U.S. Supreme Ct - June 23, 2016
by: Aalvarez • June 23, 2016 • no comments
- DUII Blood Draws Require a Warrant or Exigency
- ACCA - State Crime Cannot Qualify as a Predicate Where Broader than Generic Crime
Oregon Appellate Ct - June 22, 2016
by: Aalvarez • June 23, 2016 • no comments
- PCR – IAC - Standard for Determining Prejudice
- SPO – Entry of SPO Improper Where Respondent Has Not Received Notice
- Failure of the Trial Court to Sua Sponte Grant a Mistrial
- Denial of a Motion for New Trial – When Subject to Appellate Review
- Refusal of the Trial Court to Subpoena a Juror About What Occurred in Jury Deliberations
- Reasonable Suspicion of Drug Activity
- Consent to Search In the Presence of An Officer’s “Threat” to Bring a Drug Dog On Scene
- Basis for an Expert Opinion Under OEC 703 – Scientific Study – Child Sex Abuse
- Extrinsic Evidence of Bias - Cross Examination
- PCR - Denial of Motion for Substitute Counsel
- Dependency – Voluntary Admission of the Bases for Jurisdiction
- Per Curiam Civil Commitment Reversals
- Theft by Receiving – MJOA
- Disorderly Conduct – Free Speech - MJOA
U.S. Supreme Ct - June 20, 2016
by: Aalvarez • June 20, 2016 • no comments
- Evidence Discovered During an Unlawful Stop Is Admissible When the Search is the Result of an Outstanding Arrest Warrant
- Robberies that Target Drug Dealers Sufficiently Affect Interstate Commerce to Qualify for Prosecution Under the Hobbs Act
Oregon Supreme Ct - June 16, 2016
by: Aalvarez • June 16, 2016 • no comments
- Testing the Blood of a Lawfully Seized Animal Does Not Violate the Oregon or Federal Constitution
- Life Without Parole Sentences for Certain Felony Sex Offenses
Oregon Appellate Ct - June 15, 2016
by: Aalvarez • June 15, 2016 • no comments
- Stop by An Out of State Officer - Unlawful Under Article I, Section 9
- Vouching – Plain Error Review
- Imposition of Attorney’s Fees Where No Evidence of Ability to Pay
- Statements Were Voluntary Where Defendant Repeatedly Acknowledged That He Understood His Miranda Rights Before Speaking
- Sentencing – Two Beatings 10-15 Minutes Apart – Consecutive Sentences
- Sentencing – Merger – Attempted Murder and Murder
- Per Curiam Reversal – No Basis for Finding of a Sentence Enhancement Fact
- Attorney’s Fees – Plain Error in Imposing
- Civil Commitment – Basic Needs
- Dependency – “Rational Relationship”
U.S. Supreme Court - June 13, 2016
by: Aalvarez • June 13, 2016 • no comments
- Prior Uncounseled Tribal Court Convictions - May Be Used As Predicate Convictions
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
