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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 - July 12, 2017

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

  • DUII – Defendant’s Refusal to Consent to Breath Test Admissible in DUII Prosecution
  • Evidence – Trial Court Admitted Text Messages as Adoptive Admissions
  • OEC 403 – Granting Reconsideration to Remand to Trial Court to Conduct Balancing
→ read the full summaries...

Oregon Appellate Ct - July 6, 2017

by: Sara Werboff • July 9, 2017 • no comments

  • Scientific Evidence – Officer’s Conclusion that Defendant Passed or Failed Field Sobriety Test is Scientific Testimony Requiring Adequate Foundation
  • Expert Testimony – Trial Court Erroneously Excluded General Testimony on False Memory – Offer of Proof was Sufficient for Review
  • Sentencing – Under ORS 137.717, Court Lacked Authority to Impose Multiple Downward Departure Sentences but Court had Discretion to Choose Which Count to Depart
  • Search and Seizure – Officer’s Belief that Defendant Possessed Drugs was Not Objectively Reasonable
  • Attorney Fees – Defendant’s General Statement that He May Be Able to Work Insufficient to Support Attorney Fee Award
  • Search and Seizure – Traffic Stop Was Valid under Vehicle Code
  • Juvenile Dependency – Court Violated Interstate Compact by Appointing Guardian in California
  • Sentencing – Trial Court Plainly Violated 200 Percent Rule for Consecutive Sentences
  • Inmate Litigation – Trial Court Did Not Err in Revoking the Waiver of Plaintiff’s Filing Fees
  • Interference with Peace Officer – On Reconsideration Reversing Conviction Because Defendant was Engaged in Passive Resistance
  • Self-Representation – Trial Court Erred in Failing to Allow Defendant to Represent Himself
  • Per Curiam – Merger – Sex Abuse and Sodomy Verdicts Based on Same Acts but Different Theories Should Merge
  • Per Curiam – Merger – Individual Thefts Should Merge into Aggravated Theft
  • Per Curiam – Civil Commitment – Appellant’s Shackling Argument is Unpreserved
→ read the full summaries...

Oregon Supreme Ct - June 29, 2017

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

  • Search and Seizure – Remanding to Determine as Factual Matter Scope of Defendant’s Consent
→ read the full summaries...

Oregon Appellate Ct - June 28, 2017

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

  • Trial Court Properly Denied Demurrer as Untimely – Trial Court Properly Imposed Compensatory Fine
  • Evidence Sufficient to Support Conviction for Initiating False Report
  • Juvenile Dependency – Mother’s Admission Was Sufficient to Support Jurisdiction
  • Per Curiam - Post-Conviction Relief – Remanding for Reconsideration of Poston Issue
  • Per Curiam – Civil Commitment – Insufficient Evidence to Support Commitment
  • Per Curiam - Juvenile Dependency – Court Erred in Appointed Guardian Ad Litem for Mother
  • Per Curiam - Appeal and Review – Defendant May Not Appeal from Guilty Plea
→ read the full summaries...

Oregon Supreme Ct - June 22, 2017

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

  • Sentencing - Sentence Was Not Vindictive When Overall Sentence was Shorter
  • Sentencing – Trial Court Erred in Failing to Consider Whether Defendant’s Intellectual Disability Rendered Measure 11 Sentence Unconstitutional
  • Search and Seizure – Although WA Officer Lacked Authority to Stop Defendant, Evidence Was Constitutionally Obtained
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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...