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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 Court – November 1, 2017

by: Msofia@ocdla.org • November 9, 2017 • no comments

DEFENSES

  • Defenses—Extreme Emotional Disturbance—Preservation
  • Evidence—OEC 403—Record demonstrates balancing
JUVENILE DEPENDENCY/DELINQUENCY  
  • Juvenile Dependency—Jurisdictional Judgment—Evidentiary Bases
  • Juvenile Dependency—Required Findings—Absence of Findings Not Plain Error
  • Juvenile Dependency—Jurisdiction—Scope of jurisdictional bases
PAROLE/PPS
  • Parole—Evidence—Mitigating Evidence Relevant in Juvenile Offender Parole-Release-Date Hearing
PCR/ HABEAS CORPUS
  • PCR—Contents of Judgment—Admissibility of evidence on retrial not a proper subject of PCR judgment
SEARCH & SEIZURE
  • 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
  • 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

  • Criminal Procedure—Concurrence Instruction—Plain Error
EVIDENCE
  • Evidence—Witness-False-in-Part Instruction
  • Evidence—Remand for OEC 403 balancing
  • Evidence—Relevance—Evidence of Acquittal
JUVENILE DEPENDENCY/JUVENILE DELINQUENCY
  • Juvenile Delinquency—Third-degree Assault—Sufficiency of Evidence
SEARCH & SEIZURE
  • 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

OREGON COURT OF APPEALS [edit]

CRIMES
  • Stalking Protective Order—Sufficiency of Evidence
  • Witness Tampering—Sufficiency of Evidence
CRIMINAL PROCEDURE
  • Criminal Procedure—Improper Joinder
PCR/HABEAS CORPUS
  • PCR—Inadequate Assistance of Counsel—Vouching
SEARCH & SEIZURE
  • Motion to Suppress—Probable Cause of Traffic Violation—Failure to Drive Within a Lane
SENTENCING 
  • 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

OREGON SUPREME COURT [edit]

EVIDENCE
  • Evidence—Right to Confrontation—Witness Unavailability
PCR/HABEAS CORPUS
  • 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

  • Evidence—Insanity Defense—Timeliness of Notice
SENTENCING
  • 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

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

Oregon Appellate Court – Sept 27, 2017

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

CRIMES/CONTEMPT

  • Violating a Stalking Protective Order—MJOA
  • DUII—Attempted DUII instruction
PCR/HABEAS CORPUS
  • Post Conviction Relief—Statute of Limitations—Two-year limitation period applies to successive petitions
SEARCH & SEIZURE
  • Motion to Suppress—Lost property exception—Officer lacked objectively reasonable belief that cell phone was lost
SENTENCING
  • 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

CRIMES/CONTEMPT

  • Failure to Report as a Sex Offender – Classification of offense underlying juvenile adjudication determines whether failure to report is a misdemeanor or felony
EVIDENCE
  • Evidence—Affirmative Defense of Extreme Emotional Disturbance
PAROLE/PPS
  • Parole & Post-Prison Supervision—Substantial Evidence—Ex Post Facto
SEARCH & SEIZURE
  • 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

OREGON SUPREME COURT [edit]

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

OREGON COURT OF APPEALS [edit]

CRIMES/CONTEMPT
  • 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
  • Evidence—Vouching
  • Sentencing—Statutory maximum sentence
JUVENILE DEPENDENCY/DELINQUENCY
  • Juvenile Dependency – Court erred in changing permanency plan based on facts extrinsic to court’s jurisdiction
PAROLE/PPS
  • 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

CRIMES/CONTEMPT

  • Restraining Orders – “Interfering” with Petitioner – Insufficient Evidence of Interference
CUSTODIAL INTERROGATION/MIRANDA
  • Miranda Right to Counsel – Equivocal Invocation of Right to Counsel
EVIDENCE
  • Self-Incrimination – Error to Introduce Defendant’s Invocation at Trial
PCR/HABEAS CORPUS
  • Post-Conviction Relief – Ineffective Assistance of Counsel – Guilty Pleas
PER CURIAMS
  • Appeal and Review – Harmless Error
  • Fines and Fees – "Mandatory State Amt"
SEARCH AND SEIZURE
  • 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...