Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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Oregon Appellate Ct - July 27, 2016
by: Aalvarez@mpdlaw.com • July 28, 2016 • no comments
- Vouching – Cooperation Agreement with the State
- Plain Error – UUW and Felon in Possession of a Firearm
- ORS 144.228(1)(c) and OAR 255-38-005(4) - “Reasonable Cause” – “Delegative Term”
- Williams Requires 403 Balancing
- Juvenile Dependency – Proper Standard for a Motion to Dismiss
- Search and Seizure – Search Warrant – Theft of a UTV
- Appeal from a Juvenile Dependency Judgment Dismissed as Moot
- DUII – Right to Counsel During a Breath Test
- Manslaughter – MJOA
- Search and Seizure – Warrants – Particularity Standard As it Applies to Computers
- Attorney’s Fees – Per Curiam Reversal
- Civil Commitment – Per Curiam Reversal
Oregon Supreme Ct - July 21, 2016
by: Aalvarez@mpdlaw.com • July 22, 2016 • no comments
- ORS 164.377 - Computer Crime - "Without Authorization"
Oregon Appellate Ct - July 20, 2016
by: Aalvarez@mpdlaw.com • July 21, 2016 • no comments
- Mere Failure to Show Up After Being Subpoenaed – Insufficient to Make a Witness Unavailable Under the Confrontation Clause
- Evidence of a Restraining Order – Relevant in a DUII Trial to Contradict Defendant’s Timeline
- PCR – IAC – Erroneous Jury Instructions – Attempted Second Degree Assault
- Article I, Section 9 – Abandonment of Containers Found in a Stolen Truck
- Prior Uncharged Conduct – Identity Evidence – Distinctive Clothes and Weapons
- OEC 401- Relevant Evidence – Evidence Depicting Defendant’s Version of the Attack
- Initiating a False Report – MJOA
- Failure to Perform the Duties of a Driver – Witness False In Part Instruction
- Attorney's Fees - Per Curiam Reversals
- Civil Commitments - Per Curiam Reversals
- Waiver of Counsel - Per Curiam Reversal
Oregon Appellate Ct - July 7, 2016
by: Amanda Alvarez Thibeault • July 7, 2016 • no comments
- “Offer to Purchase” – ORS 260.715(9)
- Article I, Section 8 - Freedom of Speech – ORS 260.715(9)
- Dependency – Current Threat of Serious Loss or Injury – Ongoing Mental Health Issues
- Prior Bad Acts – Motive – No Need for Leistiko Instruction
- PCR – Failure to Request a Boots Instruction
- Per Curiam Attorney’s Fees Reversal
- Per Curiam Reversal of $60 Mandatory State Assessment
Oregon Supeme Ct - June 30, 2016
by: Amanda Alvarez Thibeault • June 30, 2016 • no comments
- Restitution for Stolen Goods – Must Look at Market to Which Victim Would Resort To For Replacement
- Defendant’s Silence in Response to Statements – Adoptive Admissions
Oregon Appellate Ct - June 29, 2016
by: Amanda Alvarez Thibeault • June 30, 2016 • no comments
- Evidence of a Plan to Steal Marijuana and Sell It – Not Relevant as Plan or Intent Evidence in Separate Delivery Charge
- Not A Stop – Asking for Name and Whether Person Possesses Anything Illegal
- Prior Theft Conviction – Inadmissible to Prove Lack of Mistake and Plan
- MJOA - Proper Remedy When Defendant Charged with IPO Based On Conduct Constituting Resisting Arrest
- Error to Admit Other Bad Acts Without 403 Balancing
- A Court May Not Revoke A Defendant’s Probation for A Condition Not Imposed by a Judge
- PCR – Claim for Relief Barred Under ORS 138.510
- Kidnapping – Secretly Confined – Hotel Room Where Defendant Threatened Victim if She Left
- For Cause Challenge to a Juror – Not an Abuse of Discretion to Deny
- Sentencing – Arrest Warrant With Nothing More is Not a Substantial Reason for Departure Sentence
- Expungement of Certain Sex Crimes under ORS 137.225(8)(b)
- Per Curiam Reversal - Attorney's Fees
U.S. Supreme Ct - June 27, 2016
by: Amanda Alvarez Thibeault • June 27, 2016 • no comments
- Misdemeanor Crime of Domestic Violence with a Reckless Mental State Qualifies for Federal Firearms Ban
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
