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Case Reviews

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Go here to see a list of:
2018 Case Summaries by Topic
2017 Case Summaries by Topic
2016 Case Summaries by Topic
2015 Case Summaries by Topic


Oregon Appellate Court – November 1, 2017

by: Mary A. Sofia • November 9, 2017 • no comments


  • Defenses—Extreme Emotional Disturbance—Preservation
  • Evidence—OEC 403—Record demonstrates balancing
  • Juvenile Dependency—Jurisdictional Judgment—Evidentiary Bases
  • Juvenile Dependency—Required Findings—Absence of Findings Not Plain Error
  • Juvenile Dependency—Jurisdiction—Scope of jurisdictional bases
  • Parole—Evidence—Mitigating Evidence Relevant in Juvenile Offender Parole-Release-Date Hearing
  • PCR—Contents of Judgment—Admissibility of evidence on retrial not a proper subject of PCR judgment
  • Motion to Suppress—Preservation—Sufficiency of one-page motion
  • Motion to Suppress—Warrantless Seizure—Officers lacked probable cause to arrest defendant after officer safety concerns dissipated
  • Motion to Suppress—Warrantless Search and Seizure—Officer Safety, Voluntary Consent, Emergency-Aid, and School Safety Exceptions
  • Sentencing—Fines and Fees—DUII conviction fee not included within statutory maximum fine for Class A misdemeanor
  • Sentencing—Fines and Fees—Error to impose premarked $255 DUII conviction fee on form judgment
  • Sentencing—Fines and Fees--Plain error to impose court-appointed attorney where record silent as to defendant ability to pay
→ read the full summaries...

Oregon Appellate Court – October 25, 2017

by: Msell@mpdlaw.com • October 30, 2017 • one comment


  • Criminal Procedure—Concurrence Instruction—Plain Error
  • Evidence—Witness-False-in-Part Instruction
  • Evidence—Remand for OEC 403 balancing
  • Evidence—Relevance—Evidence of Acquittal
  • Juvenile Delinquency—Third-degree Assault—Sufficiency of Evidence
  • Motion to Suppress—Warrantless Searches—Abandonment of Privacy Right
  • Motion to Suppress—Issue Preclusion—Relitigating suppression in another jurisdiction
  • Motion to Suppress—Right Against Self-Incrimination—Invocation and Waiver
→ read the full summaries...

Oregon Appellate Court-- Oct 19, 2017

by: Msell@mpdlaw.com • October 25, 2017 • no comments


  • Stalking Protective Order—Sufficiency of Evidence
  • Witness Tampering—Sufficiency of Evidence
  • Criminal Procedure—Improper Joinder
  • PCR—Inadequate Assistance of Counsel—Vouching
  • Motion to Suppress—Probable Cause of Traffic Violation—Failure to Drive Within a Lane
  • Sentencing—Subcategory Facts—Timing of Submission to Jury
→ read the full summaries...

Oregon Supreme Court-- Oct 19, 2017

by: Msell@mpdlaw.com • October 25, 2017 • no comments


  • Evidence—Right to Confrontation—Witness Unavailability
  • PCR—Dismissal of Meritless Petition—Appellate Review
→ read the full summaries...

Oregon Appellate Court – October 11, 2017

by: Msell@mpdlaw.com • October 13, 2017 • no comments


  • Evidence—Insanity Defense—Timeliness of Notice
  • Sentencing—Negotiated Plea Agreements—Trial Court’s Authority to Depart
→ read the full summaries...

Oregon Appellate Court--October 4, 2017

by: Msell@mpdlaw.com • October 6, 2017 • no comments


  • Civil Commitment—Advice of Outcomes—Plain Error
  • Civil Commitment—Advice of Rights—Plain Error
  • Evidence—OEC 403—Sufficiency of record for appellate review
  • Juvenile Delinquency—Sentencing—Conditions of Probation
  • Sentencing—Restitution—CARES evaluation
→ read the full summaries...

Oregon Appellate Court – Sept 27, 2017

by: Msell@mpdlaw.com • October 2, 2017 • no comments


  • Violating a Stalking Protective Order—MJOA
  • DUII—Attempted DUII instruction
  • Post Conviction Relief—Statute of Limitations—Two-year limitation period applies to successive petitions
  • Motion to Suppress—Lost property exception—Officer lacked objectively reasonable belief that cell phone was lost
  • Compensatory Fine—Plain Error
  • $2,000 Fine for Third DUII—Plain Error
  • Merger—Notice of "sufficient pause
  • Merger—Felon in possession of a firearm--Plain Error
→ read the full summaries...

Oregon Appellate Court--September 20, 2017

by: Msell@mpdlaw.com • September 26, 2017 • no comments


  • Failure to Report as a Sex Offender – Classification of offense underlying juvenile adjudication determines whether failure to report is a misdemeanor or felony
  • Evidence—Affirmative Defense of Extreme Emotional Disturbance
  • Parole & Post-Prison Supervision—Substantial Evidence—Ex Post Facto
  • Search & Seizure—Automobile Exception—Connection with a crime
  • Search & Seizure—Reasonable Suspicion—Suspicion of DUII diversion violation not a lawful basis to stop
  • Search & Seizure—Search—Warrantless testing that exceeds scope of third-party search unlawful
→ read the full summaries...

Oregon Appellate Court--September 13, 2017

by: Msell@mpdlaw.com • September 26, 2017 • no comments


  • Motion to Suppress—Stop – Youth was stopped by show of authority
  • Sentencing—Probation/PPS Violation


  • Hindering Prosecution—MJOA—Sufficient evidence to prove defendant knowingly “concealed” a person
  • Search and Seizure—Probable Cause—Officer had probable cause to believe that defendant had committed crime of hindering of prosecution
  • Evidence—Vouching
  • Sentencing—Statutory maximum sentence
  • Juvenile Dependency – Court erred in changing permanency plan based on facts extrinsic to court’s jurisdiction
  • Parole & Post-Prison Supervision—Substantial Evidence and Substantial Reason
PCR/Habeas Corpus
  • Post-Conviction Relief—“Suitability” of PCR Counsel—Trial court abused its discretion in denying substitution of counsel based on incorrect understanding of counsel’s duties following a Church motion
  • Post-Conviction Relief—Statute of Limitations—Evidence that grounds for PCR could not reasonably be raised in original or amended petitions sufficient to survive summary judgment under escape clause to two-year limitations statute'
→ read the full summaries...

Oregon Appellate Ct - Sept 7, 2017

by: Msell@mpdlaw.com • September 21, 2017 • no comments


  • Restraining Orders – “Interfering” with Petitioner – Insufficient Evidence of Interference
  • Miranda Right to Counsel – Equivocal Invocation of Right to Counsel
  • Self-Incrimination – Error to Introduce Defendant’s Invocation at Trial
  • Post-Conviction Relief – Ineffective Assistance of Counsel – Guilty Pleas
  • Appeal and Review – Harmless Error
  • Fines and Fees – "Mandatory State Amt"
  • Search and Seizure – Search Warrants – Warrant for Electronic Devices was Overbroad
  • Search and Seizure – Probable Cause – Traffic Violations – Impeding Traffic
→ read the full summaries...

Oregon Appellate Ct - Aug 30, 2017

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

  • Evidence – Use of Force Policies Relevant for Impeachment of Officers for Motive/Bias
  • Trial Court Procedure – Motion to Suppress Met Requirements of UTCR
  • Trial Court Procedure – Motion to Suppress Did Not Meet Requirements of UTCR
  • Search and Seizure – Seizure and Search of Defendant Not Justified by Officer Safety Exception
  • Search and Seizure – During Inventory, Folded Paper Did Not Announce its Contents
  • Sentencing – Trial Court Erred in Calculating Criminal History Score for Predicate Offense – Trial Court Did Not Err in Imposing Consecutive Sentences
  • Post-Conviction Relief – Judgment Did Not Conform to Requirements
  • Per Curiam – Disorderly Conduct - Evidence Insufficient to Prove Defendant Made “Unreasonable Noise”
  • Per Curiam – Petition for Reconsideration Denied
  • Per Curiam – Plain Error Attorney Fees
→ read the full summaries...

Oregon Appellate Ct - Aug 23, 2017

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

  • Search and Seizure – Automobile Exception Applied to Warrantless Search
  • Traffic Violation – Defendant’s Conduct of Coordinating Farm Sales Fell Under Exception to Use of Mobile Communications Device
  • Restitution – Restitution for Missing Items Not Proper – Remand for Additional Findings for Damage to Police Vehicle
  • Fines and Fees – Compensatory Fine Properly Included Losses Incurred Outside Time Period Covered by Guilty Plea – Court Would Not Exercise Discretion to Correct Error as to Amount of Fine
  • Search and Seizure – Warrantless Entry Into Home Not Justified by Emergency Aid Exception – Defendant Did Not Consent
  • Forged Permanent Resident Card and Social Security Card Were Not “Valuable Instruments”
  • Contempt – Sufficient Evidence to Prove Defendant Knowingly Violated Court Order
  • Post-Conviction Relief – Remanding for Consideration of Whether Counsel Made a Considered Choice Not to Introduce Bias Evidence and Whether Counsel’s Failure to Contact Petitioner Prejudiced Him – Counsel’s Bar Disciplinary Records Were Admissible
  • Post-Conviction Relief – Statutory Interpretation – Unloaded Firearm Does Not Qualify as Deadly Weapon
  • Per Curiam – Error to Instruct Jury to Consider 9-1-1 Statements As Substantive Evidence
  • Per Curiam – Jury Instructions – Plain Error in Failing to Instruct on Culpable Mental State
  • Per Curiam – Any Error in Admitting Evidence was Not Prejudicial
→ read the full summaries...

Oregon Appellate Ct - Aug 16, 2017

by: Sara Werboff • August 18, 2017 • no comments

  • Restitution – Comparative Fault Rules Do Not Apply in Restitution Proceeding
  • Joinder – Any Error in Consolidating of Charging Instruments was Harmless
  • Post-Conviction Relief – PCR Court Erred in Allowing Hearsay Evidence – PCR Court Erred in Applying Prejudice Standard
  • Search and Seizure – Police Unlawfully Extended Traffic Stop
  • Per Curiam – Post-Conviction Relief – PCR Court Erred in Sua Sponte Granting Summary Judgment on Brady Claim
  • Per Curiam – Post-Conviction Relief – PCR Court Lacked Jurisdiction to Enter Order
  • Per Curiam – Juvenile Dependency – Insufficient Evidence to Support Jurisdiction
→ read the full summaries...

Oregon Supreme Ct - Aug 10, 2017

by: Sara Werboff • August 11, 2017 • no comments

  • Sentencing - Second Judge was Authorized to Give More Severe Sentence on Remand
  • Unauthorized Use of a Vehicle – “Vehicle” for Purposes of UUV Does Not Require Current Operability But Must Establish that It is Reasonable to Restore to Operative Condition
  • Search and Seizure – Warrantless Entry in DUII Investigation was Not Justified by Exigent Circumstances
→ read the full summaries...

Oregon Appellate Ct - Aug 9, 2017

by: Sara Werboff • August 11, 2017 • no comments

  • Per Curiam - On Reconsideration, Amending Judgment to Omit Restitution Award
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...

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
→ read the full summaries...