Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
___________________________________________________________________
Oregon Appellate Ct - June 21, 2017
by: Sara Werboff • June 26, 2017 • no comments
- Search and Seizure – Consent to Search was Voluntary – Defendant was Not Seized
- Sufficiency of Evidence - Record was Insufficient to Present Substantial Pain Theory of Assault to Jury
Oregon Supreme Ct - June 15, 2017
by: Sara Werboff • June 19, 2017 • no comments
- Search and Seizure - Scope of Consent is Determined by Defendant's Actual Intent
Oregon Appellate Ct - June 14, 2017
by: Sara Werboff • June 19, 2017 • no comments
- Evidence was Insufficient to Convict Defendant of Reckless Endangerment
- Post-Conviction Relief – Petitioner’s Successive Petition Did Not Fall Within Escape Clause
- Evidence – Record Did Not Reveal that Trial Court Conducted OEC 403 Balancing and Limited Remand Required
- Failure to Appear - Sufficient Evidence that Defendant was Released from Custody – Failure to Redact Misdemeanor Charges from Release Agreement was Harmless Error
- Search and Seizure – State Proved Exigent Circumstances Justified Warrantless Entry into Home
- Evidence was Sufficient to Convict Defendant of Failure to Perform Duties of Driver
- Sentencing – Merger Required for Identity Theft and Fraudulent Use of a Credit Card
- Right to Counsel – Defendant’s Article I, Section 11, Rights Were Violated by Cellmate Interrogation
- Court Cannot Review Exclusion of Expert Testimony Due to Insufficient Offer of Proof
- Search and Seizure – Defendant was Stopped without Reasonable Suspicion
- Per Curiam - Attorney Fees – Trial Court Plainly Erred in Imposing Fees
- Per Curiam - Civil Commitment – Dismissal Warranted When Appellant Held for More Than Five Days Without Hearing
- Per Curiam - Habeas Corpus – Plaintiff Not Precluded from Re-Raising Claims
Oregon Appellate Ct - June 7, 2017
by: Sara Werboff • June 9, 2017 • no comments
- Post-Conviction Relief – Petitioner Was Not Prejudiced by Trial Counsel’s Deficient Performance
- Juvenile Dependency – Mother Was Permitted to Present New Evidence at Judicial Rehearing
- Speedy Trial – Defendant was Not Prejudiced by Pretrial Delay – Defendant Waived Statute of Limitations Defense
- Sentencing – Trial Court Erred in Imposing Consecutive Sentences for Attempted Murder and First-Degree Assault
- Per Curiam – Sentencing – Not Plain Error to Impose Lengthy Non-Life Sentence on Juvenile
Oregon Appellate Ct - June 1, 2017
by: Sara Werboff • June 2, 2017 • no comments
- Charging Instruments – Upholding on Reconsideration Earlier Opinion Requiring State to Allege Basis of Joinder
- DUII – Trial Court Did Not Err in Instructing the Jury on Alternative Theories of DUII
- Evidence – Admission of Judgment of Conviction Over Defendant’s Stipulation was Prejudicial
- Evidence – Portion of Transcript Admissible on Alternative Hearsay Exception
- Per Curiam – Reversing “Mandatory State Amt” but Upholding Imposition of Attorney Fees
- Per Curiam – Reversing Imposition of DUII Conviction Fee
- Per Curiam – Reversal for Lack of Written Jury Waiver
- Per Curiam – Trial Court Imposed Unlawful Post-Prison Supervision Sentence
- Per Curiam – Trial Court Plainly Erred in Imposing Extradition Fees
- Per Curiam – Civil Commitment – Insufficient Evidence to Support Finding of Dangerousness
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
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
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
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
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
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
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
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
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
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
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
Oregon Supreme Ct - March 30, 2017
by: Sara Werboff • March 31, 2017 • no comments
- Eyewitness ID - Defendant Entitled to Remand for Lawson/James Hearing
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
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
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
