A Book from the Library of Defense
Namespaces
Variants
Actions

Library Collections

Webinars & Podcasts
Motions
Disclaimer

Case Reviews

From OCDLA Library of Defense
Jump to: navigation, search


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


___________________________________________________________________

Oregon Appellate Ct - May 24, 2017

by: Sara Werboff • May 26, 2017 • no comments

  • Telephonic Harassment Requires Proof that Caller Caused Phone to Make Audible Sound
  • Sentencing – Trial Court Plainly Erred in Imposing Two 60-Month Firearm Minimums but Defendant was Not Prejudiced by Error
  • Evidence – Defendant’s Prior Convictions Were Inadmissible
  • Juvenile Dependency – Permanency Judgment Supported by Sufficient Evidence
  • Restitution – Wildlife Valuation Statute Did Not Establish Economic Damages
  • Per Curiam – Reversing Attorney Fees
  • Per Curiam - Juvenile Dependency – Remanding for Entry of Judgment on Other Jurisdictional Grounds
→ read the full summaries...

Oregon Appellate Ct - May 17, 2017

by: Sara Werboff • May 22, 2017 • no comments

  • Kidnapping – Trial Court Did Not Plainly Err in Entering Conviction for Kidnapping
  • Sentencing – Trial Court Erred in Failing to Merge Guilty Verdicts and Remand for Resentencing is Required
  • Post-Conviction Relief – PCR Court Applied Incorrect Brady Standard and Remand Required
  • Post-Conviction Relief – PCR Court Did Not Err in Dismissing Successive Petition
  • Evidence – Interpreter’s Translation of Defendant’s Confession was Inadmissible Hearsay
  • Post-Conviction Relief – Counsel Ineffective for Failing to Object to Trial Court’s Improper Comments
  • Restraining Orders – Sufficient Evidence in Record to Support FAPA Order
  • Stalking Protective Orders – Insufficient Evidence to Support SPO
→ read the full summaries...

Oregon Appellate Ct - May 10, 2017

by: Sara Werboff • May 12, 2017 • no comments

  • Miranda Warnings Were Not Required During Traffic Stop and DUII Investigation
  • Defendant Could Not Invoke Right to Counsel in Non-Compelling Circumstances
  • Defendant Entitled to Acquittal on Manufacture of a Destructive Device
  • Termination of Parental Rights – Juvenile Court Erred in Excluding Evidence but Termination was Proper
  • Computer Crime – Providing False Info to Banks Not Sufficient Proof of “Use” of a Computer
  • Post-Conviction Relief – PCR Court Did Not Err in Denying Petitioner’s Claim
  • Juvenile Dependency – Judgments Not Appealable Because of Lack of Adverse Affect
  • Juvenile Dependency – Juvenile Court Did Not Err in Changing Permanency Plan
  • Post-Conviction Relief – Petitioner Attached Sufficient Support of PCR Claim
  • Per Curiam - Stalking – State Concedes Communications Were Not Contacts
  • Per Curiam - Juvenile Dependency – Jurisdictional Judgment Affirmed but Two Grounds Reversed
  • Per Curiam – Claim of Error is Unreviewable
→ read the full summaries...

Oregon Supreme Ct - May 4, 2017

by: Sara Werboff • May 8, 2017 • no comments

  • Confrontation - "Implied Consent Combined Report" Not Barred by Federal Confrontation Clause in DWS Trial
→ read the full summaries...

Oregon Appellate Ct - May 3, 2017

by: Sara Werboff • May 8, 2017 • no comments

  • Defendant Entitled to Acquittal For Failure to Perform Duties of Driver When Unaware of Accident Until Later
  • Attorney Fees – Plain Error to Impose Attorney Fees – Defendant Did Not Invite the Error
  • Search and Seizure – Police Did Not Unlawfully Trespass on Defendant’s Private Drive
  • Miranda Warnings – Warnings Were Not Rendered Inadequate by Officer’s Subsequent Statements and Defendant Knowingly and Voluntarily Waived Rights
  • Search and Seizure –Emergency Aid Exception Did Not Justify Warrantless Search of Defendant’s Home
  • Per Curiam – Trial Court Erred in Imposing Restitution When Not Part of Plea Agreement
  • Per Curiam – Trial Court Erred in Denying Plaintiff’s Fee Waiver Request
  • Per Curiam – Civil Commitment – Trial Court Did Not Have Authority to Commit when Prior Commitment Order Still in Place
  • Per Curiam – Trial Court Plainly Erred in Imposing Attorney Fees
  • Per Curiam – Search Warrant Did Not Establish Nexus Between Illegal Activity and Defendant’s Trailer
  • Per Curiam – Court Cannot Review Defendant’s Claim Due to Lack of Trial Court Ruling
→ read the full summaries...

Oregon Supreme Ct - April 27, 2017

by: Sara Werboff • April 30, 2017 • no comments

  • Uncharged Misconduct Evidence - OEC 404(3) and 404(4) Require Traditional OEC 403 Balancing - Remand to the Trial Court is the Proper Remedy
  • Right to Self-Representation - Trial Court Erred as a Matter of Law in Concluding that Defendant Had No Right to Self-Representation Mid-Trial
→ read the full summaries...

Oregon Appellate Ct - April 26, 2017

by: Sara Werboff • April 28, 2017 • no comments

  • Trial Court Did Not Err in Amending Judgment Without Resentencing Defendant
  • Civil Commitment – Insufficient Evidence that Appellant was a Danger to Himself
  • Post-Conviction Relief – Petitioner Failed to Prove that Counsel’s Response to Vouching Testimony was Inadequate
  • Post-Conviction Relief – Petitioner is Presumed to Know Immigration Law and Petition Did Not Fall into Escape Clause
  • Failure to Appear Requires Proof that Defendant Knew of Court Date at Time He Failed to Appear
  • Fines and Fees – Trial Court Did Not Err in Imposing Unitary Assessment and Criminal Fine but Did Err in Imposing County Assessments
  • Juvenile Dependency – Trial Court Did Not Err in Changing Permanency Plan
  • Attempt – Sufficient Proof of Substantial Step
  • Traffic Violation – Violation for Pedestrian “Improperly Proceeding Along a Highway” Does Not Include Pedestrians Who Are Crossing
  • Confessions – Defendant’s Confession was Inadmissible Because it was Induced by Promises and Threats
  • Conviction for Improper Use of Emergency Communication System Requires Proof that Caller Knew He Was Calling for Prohibited Purpose
  • Per Curiam – State Concedes Unlawful Search and Inventory
→ read the full summaries...

Oregon Supreme Ct - April 20, 2017

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

  • Interference with a Peace Officer – “Passive Resistance” is Noncooperation with an Officer that Does Not Involve Violence or Other Active Conduct
→ read the full summaries...

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...