Case Reviews
From OCDLA Library of Defense
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Oregon Supreme Ct - Aug 3, 2017
by: Sara Werboff • August 4, 2017 • no comments
- State May Present Both Interfering With a Peace Officer and Resisting Arrest Charges to the Jury
- Post-Conviction Relief – Petitioner Entitled to Post-Conviction Relief for Counsel’s Failure to Investigate Overdose Theory of Victim’s Death
Oregon Appellate Ct - Aug 2, 2017
by: Sara Werboff • August 4, 2017 • no comments
- Miranda Waiver – The State Failed to Establish that Defendant Voluntarily, Knowingly, or Intelligently Waived his Miranda Rights
- Charges Were Not Properly Joined – Hearsay Was Inadmissible as a Past Recollection Recorded
- Prosecutorial Misconduct – Reversal Required when Prosecutor’s Statements During Closing were Impermissible
- Defendant’s Arrest for Public Drinking was Lawful because City Ordinance was Not Preempted by State Law
- Post-Conviction Relief – PCR Judgment Does Not Satisfy Requirements
- Merger – Multiple Counts of Identity Theft Involving Different Victims Did Not Merge into Aggravated Identity Theft
- Indictments – Disallowance of Demurrer was Harmless Error
- Merger – Trial Court Erred in Failing to Merge Convictions Involving Single Victim
- Expungement – Trial Court Erred in Failing to Set Aside Defendant’s Arrest Record
- Trial Court Did Not Err In Failing to Give Choice of Evils Defense Instruction
- Per Curiam – Contempt – State Concedes It Misfiled Contempt Proceeding and Trial Court Erred in Imposing Punitive Sanctions
Oregon Appellate Ct - July 26, 2017
by: Sara Werboff • July 31, 2017 • no comments
- Defendant’s Statements were Admissions and Not Confessions
- Civil Commitment – Court Reverses Continued Commitment under Expanded Criteria Defining Mental Illness
- Search and Seizure – Preservation – Defendant’s Argument was Preserved and Evidence Should Have Been Suppressed
- Search and Seizure – Preservation – Defendant Failed to Preserve Argument that Opening Car Door was Unlawful Search
- Identity Theft – Evidence was Sufficient to Show Intent to Defraud
- Search and Seizure – State Did Not Establish that Evidence Would Inevitably Be Discovered
- Search and Seizure – Defendant was Unlawfully Seized and Alternative Bases for Search Were Not Raised Below
- Per Curiam – Search and Seizure – State Concedes Officer Lacked Reasonable Suspicion
- Per Curiam – Burglary – No Burglary Where Defendant Had Permission to Enter
Oregon Appellate Ct - July 19, 2017
by: Sara Werboff • July 23, 2017 • no comments
- Defendant Waived Right to Counsel – Defendant’s Demurrer Should Have Been Allowed
- Indictments – Demurrer Should Have Been Allowed Because No Basis for Joinder Was Alleged
- Sufficient Evidence that Defendant Went to Premises Where Minors Regularly Congregate
- Evidence – In Fraud Case, Evidence that Defendant Made Payments to Victims Was Improperly Excluded
- Search and Seizure – Officer Reasonably Concluded that Entry to Defendant’s Property was Necessary to Render Emergency Aid to Cattle
Oregon Supreme Ct - July 13, 2017
by: Sara Werboff • July 14, 2017 • no comments
- State Not Permitted to Prosecute Defendant for Murder when Defendant Pleaded Guilty to Assault and Plea Agreement was Silent as to Risk of Additional Prosecution
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
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
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
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
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
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
