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Case Reviews

From OCDLA Library of Defense
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Go here to see a list of:

2021 Case Summaries by Topic

2020 Case Summaries by Topic

2019 Case Summaries by Topic

2018 Case Summaries by Topic

2017 Case Summaries by Topic

2016 Case Summaries by Topic

2015 Case Summaries by Topic


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Oregon Appellate Ct - April 19, 2017

by: Sara Werboff • April 21, 2017 • no comments

  • Search and Seizure – Defendant was Not Seized Under Oregon Law and Police Had Reasonable Suspicion Justifying Seizure Under Federal Law
  • Search and Seizure – Defendant Did Not Have a Privacy Interest in a BAC Test Conducted for Medical Treatment
  • Post-Conviction Relief – Relief Warranted When Trial Counsel Failed to Call Exculpatory Witness
  • Second-Degree Escape - Insufficient Proof of Escape When Defendant in Custody on Probation Violation - Courtroom was Correctional Facility for Purposes of Escape
  • Search and Seizure – Inventory of Defendant’s Bag was Lawful – Plain Error Imposing Attorney Fees
  • Per Curiam – PCR Court Did Not Err in Dismissing Petition Under ORCP 21 A(3)
  • Per Curiam – PCR Court Not Required to Respond to Petitioner’s Pro Se Claims
→ read the full summaries...

Oregon Appellate Ct - April 12, 2017

by: Sara Werboff • April 14, 2017 • no comments

  • Defendant Was Not Entitled to Grand Jury Notes – Court Will Not Exercise Discretion to Correct Sentencing Error
  • Post-Conviction Relief – Petitioner Failed to Meet Burden to Show Evidence Would Be Admissible
  • Post-Conviction Relief – Successive Petition is Procedurally Barred
  • Evidence – Prior Acts Admissible to Prove Hostile Motive
  • Restitution – No Good Cause for Delaying Restitution Hearing 203 Days After Judgment
  • Evidence – Any Error in Admitting Curative Testimony was Harmless
  • Post-Conviction Relief – Remand Required on Shackling Claim – Petitioner Not Entitled to Subpoena Victim
  • Search and Seizure – Extension of Stop Justified by Reasonable Suspicion of DUII
→ read the full summaries...

Oregon Appellate Ct - April 5, 2017

by: Sara Werboff • April 7, 2017 • no comments

  • No Reversible Error in Excluding Evidence of Defendant’s Character – Error in Applying Departure Factors
  • Restitution – Remand Required to Apply Ramos
  • Per Curiam – Reversal Required when No Signed Jury Waiver
  • Per Curiam – Reversing Attorney Fee Award
  • Per Curiam – Trial Court Plainly Erred in Failing to Merge Guilty Verdicts
  • Per Curiam – Reversing Sentence that Exceeded the Statutory Maximum
  • Per Curiam – Reversing “Mandatory State Amt”
  • Per Curiam – Reversing “Mandatory State Amt”
  • Per Curiam – Juvenile Dependency – Termination of Parental Rights was Proper
  • Per Curiam – Trial Court Erred in Failing to Conduct OEC 403 Balancing Required
→ read the full summaries...

Oregon Supreme Ct - March 30, 2017

by: Sara Werboff • March 31, 2017 • no comments

  • Eyewitness ID - Defendant Entitled to Remand for Lawson/James Hearing
→ read the full summaries...

Oregon Appellate Ct - March 29, 2017

by: Sara Werboff • March 31, 2017 • no comments

  • Search and Seizure - Police Lacked Reasonable Suspicion to Extend Traffic Stop
  • Challenges to Uncharged Sexual Abuse Unpreserved and Restitution Award Supported by the Record
  • DNA Testing - Defendant Did Not Make a Prima Facie Showing of Actual Innocence
  • Juvenile Dependency - No Error in Maintaining Permanency Plan of Reunification
  • Per Curiam - OEC 403 Balancing Challenge is Unpreserved
→ read the full summaries...

Oregon Appellate Ct - March 22, 2017

by: Sara Werboff • March 24, 2017 • no comments

  • Post-Conviction Relief - No Appeal from Dismissal as Meritless Petition
  • Search and Seizure - Police Lacked Reasonable Suspicion - Record Not Sufficient to Address State's Alternative Basis
  • Fines and Fees - Trial Court Improperly Imposed Compensatory Fine
  • Juvenile Dependency - Affirming Jurisdiction over Child Due to Domestic Violence in the Home
  • Search and Seizure - Search Warrant Affidavit Established Probable Cause for Search of RV
  • Per Curiam - Search and Seizure - Search Under Automobile Exception Justified
  • Per Curiam - Court Erred in Imposing Fine on Merged Count
  • Per Curiam - Civil Commitment Court Plainly Erred in Failing to Advise of Right to Subpoena
→ read the full summaries...

Oregon Appellate Ct - March 15, 2017

by: Sara Werboff • March 17, 2017 • no comments

  • Indictments - Any Error in Amending Indictment was Harmless
  • FAPA Orders - Insufficient Evidence that Respondent Threatened Harm to Petitioner
  • Post-Conviction Relief - Appellate Counsel was Not Ineffective for Failing to Raise Claim
  • Civil Commitment - Evidence Sufficient to Find that Appellant Continued to Be a Danger to Herself
  • Post-Conviction Relief - Trial Counsel Not Ineffective for Failing to Argue for Application of Shift-to-I Rule
  • Sentencing - Trial Court Erred in Imposing Consecutive Sentences for Robbery and UUV
→ read the full summaries...

Oregon Supreme Ct - March 9, 2017

by: Sara Werboff • March 10, 2017 • no comments

  • Search and Seizure - Automobile Exception Justified Search
  • Mandamus - Court Orders Murder Indictment Dismissed With Prejudice on Former Jeopardy Grounds
→ read the full summaries...

Oregon Appellate Ct - March 8, 2017

by: Sara Werboff • March 10, 2017 • no comments

  • Evidence - Victim's Statements Were Admissible as Evidence of His State of Mind
  • Expert Testimony - Trial Court Did Not Err In Limiting Expert's Testimony
  • Juvenile Dependency - DHS Made Reasonable Efforts to Ameliorate Mother's Mental Health Issues
  • Parole - Rejecting Petitioner's Challenges to Denial of Parole
  • Search and Seizure - Officer's Pat-Down of Defendant Not Justified on Officer Safety Grounds
→ read the full summaries...

Oregon Supreme Ct - March 2, 2017

by: Sara Werboff • March 5, 2017 • no comments

  • Search & Seizure - Police Must Have Suspicion of Specific Crime or Type of Crime
  • Interrogation - Defendant Unequivocally Invoked Right Against Compelled Self-Incrimination
→ read the full summaries...

Oregon Appellate Ct - March 1, 2017

by: Sara Werboff • March 4, 2017 • no comments

  • Post-Conviction Relief - Petitioner Did Not Create an Issue of Fact with Respect to Prejudice
  • Civil Commitment - Evidence was Sufficient to Support Finding that Appellant was a Danger to Others
  • Post-Conviction Relief - State Committed Brady Violation with Respect to Two Witnesses
  • Search and Seizure - Defendant Did Not Consent to a Search of His Residence
  • Sufficiency of Evidence - Reconsideration - Acknowledging Factual Mistake but Adhering to Original Opinion
  • Sentencing - Trial Court has Authority Under ORS 137.750 to Find Defendant Ineligible for a Reduction in Sentence
  • Juvenile Dependency - Record Legally Sufficient to Support Juvenile Court Jurisdiction
  • Post-Conviction Relief - PCR Court Erred in Granting Summary Judgment for State
  • Per Curiam - Sex Abuse Guilty Verdicts Merged
  • Per Curiam - Insufficient Evidence of Witness Tampering
  • Per Curiam - Sex Abuse Guilty Verdicts Merged
→ read the full summaries...

Oregon Appellate Ct - Feb 23, 2017

by: Sara Werboff • February 27, 2017 • no comments

  • Post-Conviction Relief - Reversing Grant of Post-Conviction Relief Because Trial Counsel Made Reasonable Strategic Choices
  • Post-Conviction Relief - Petitioner's Padilla Claim was Barred Because Padilla is Not Retroactive
  • Evidence - Evidence of Other Sexual Assaults in Another County was Admissible
  • Sufficiency of Evidence - Officer's Order to Defendant was Lawful for Officer Safety Reasons
  • Search and Seizure - Automobile Exception Applies to Cars Stopped for Traffic Violation
  • Trial Court Did Not Err in Finding Defendant in Summary Contempt
  • Sentencing - Declining to Overrule Precedent Requiring Full Remand for Merger Error
  • Post-Conviction Relief - Petitioner Did Not Establish that Expert Testimony Would Have Been Admissible
  • Per Curiam - Reversing Attorney Fees
  • Per Curiam - Trial Court Did Not Plainly Err in Imposing Attorney Fees
  • Per Curiam - Defendant's Father Lacked Actual Authority to Consent to Search of Defendant's Room
  • Per Curiam - Insufficient Evidence to Support Civil Commitment
  • Per Curiam - Reversing Attorney Fees
  • Per Curiam - Defendant's Two Unlawful Delivery Guilty Verdicts Should Merge
  • Per Curiam - Reversing Attorney Fees
  • Per Curiam - Juvenile Dependency Appeal Dismissed as Moot
  • Per Curiam - Rejecting Challenge to Auto Exception Search
  • Per Curiam - Court Grants Reconsider to Correct Citation Error
→ read the full summaries...

Oregon Supreme Ct - Feb 16, 2017

by: Sara Werboff • February 20, 2017 • no comments

  • Second-Degree Robbery - State Required to Prove that Person Providing Aid to Defendant Acted with Intent to Promote or Facilitate Defendant's Acts
→ read the full summaries...

Oregon Appellate Ct - Feb 15, 2017

by: Sara Werboff • February 20, 2017 • no comments

  • Parole - Board Erred by Relying on Second Psychological Evaluation to Justify Earlier Decision Deferring Release
  • Sufficiency of Evidence - Sufficient Evidence that Defendant Recklessly Caused Death of Another Person
  • Parole - Board's Factual Findings Not Supported by Substantial Evidence
  • Juvenile Dependency - Juvenile Court Lacked Authority to Order DHS to Place Children with Grandparent
  • Parole - Board's Decision to Deny Parole was Based on Substantial Evidence
  • Per Curiam - Multiple Sex Abuse Convictions Merged
  • Per Curiam - Trial Court Plainly Erred in Imposing Court-Appointed Attorney Fees
→ read the full summaries...

Oregon Supreme Ct - Feb 9, 2017

by: Sara Werboff • February 13, 2017 • no comments

  • California Convictions Were Not "Comparable Offenses" for Purposes of Presumptive Life Imprisonment for Sex Offenders
→ read the full summaries...

Oregon Appellate Ct - Feb 8, 2017

by: Sara Werboff • February 13, 2017 • no comments

  • Civil Commitment - Failure to Prove Appellant was a Danger to Others
  • Appeal and Review - Post-Conviction Relief - Cross-Appeal was Untimely
  • Per Curiam - Civil Commitment - Failure to Hold Hearing Within Five Judicial Days
  • Per Curiam - Civil Commitment - Failure to Advise of Rights
→ read the full summaries...

Oregon Appellate Ct - Feb 1, 2017

by: Sara Werboff • February 5, 2017 • no comments

  • Post-Conviction Relief - Appellate Counsel Was Not Ineffective for Failing to Challenge Juror Excusal - Appellate Counsel Was Ineffective for Failing to Seek Reconsideration of Appellate Disposition
  • Attorney Fees - Court Could Not Infer that Trial Court Relied on Information Collected to Determine Defendant's Eligibility for Counsel in Finding an Ability to Pay
  • Search and Seizure - Seizure of Defendant Justified by Officer Safety Concerns
  • Burglary - State Failed to Prove that Locked Bedroom Was a Dwelling
  • Stalking - Defendant Entitled to Judgment of Acquittal for Stalking Because Contact was Not Repeated
  • Sentencing - Delivery and Possession Counts Did Not Merge - Probation Condition Permitting Walk-Through of Home Not Unconstitutional
  • Juvenile Dependency - Juvenile Court Erred in Changing Permanency Judgment
  • Per Curiam - Attorney Fees - Trial Court Plainly Erred in Imposing Attorney Fees
  • Per Curiam - State Failed to Prove that Defendant Violated Restraining Order
  • Per Curiam - Civil Commitment - Reversal Required for Failure to Advise of Rights
→ read the full summaries...

Oregon Appellate Ct - Jan 25, 2017

by: Sara Werboff • February 5, 2017 • no comments

  • Eyewitness ID - Trial Court Did Not Err in Admitting Eyewitness ID
  • Right to Counsel - Waiver of Right to Counsel During Sentencing Was Not Knowingly Made
  • Self-Incrimination - Court Erred in Compelling Defendant to Testify to His Identity
  • Per Curiam - Evidence Insufficient to Support Criminal Forfeiture
  • Per Curiam - Court Erred in Imposing Attorney Fees
  • Per Curiam - Court Erred in Failing to Record Civil Commitment Proceedings
  • Per Curiam - Court Erroneously Included "Constituting Domestic Violence" in Judgment - Attorney Fees
  • Per Curiam - State Concedes that Evidence Derived from Unlawful Stop
→ read the full summaries...

Oregon Supreme Ct - Jan 20, 2017

by: Sara Werboff • January 24, 2017 • no comments

  • Officer's Request for Consent to Search was Not Reasonably Related to Purpose of Detention
→ read the full summaries...

Oregon Appellate Ct - Jan 11, 2017

by: Sara Werboff • January 13, 2017 • no comments

  • UUV - Overruling Prior Case Interpreting Scope of Unauthorized Use of a Vehicle under ORS 164.135(1)(a) as "Plainly Wrong"
  • Appeal and Review - Declining to Exercise Discretion to Review for Plain Error when Error Could Have Been Fixed in the Trial Court
  • Termination of Parental Rights - DHS Met Burden of Proof under Indian Child Welfare Act (ICWA)
  • Juvenile Dependency - Juvenile Court Must Determine That There Are No Compelling Circumstances to Forego a Change in Permanency Plan
  • Per Curiam - Juvenile Dependency - No Evidence that Mother Continued to Have Domestically Violent Relationships
→ read the full summaries...