Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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Oregon Appellate Court – December 13, 2017
by: Msofia@ocdla.org • December 20, 2017 • no comments
CRIMES
- Rape—Jury Instructions—Plain Error
- Violation of a Stalking Protective Order—Sufficiency of Evidence
EVIDENCE
Evidence—Prior Bad Acts—Hostile Motive
SENTENCING
- Sentencing—Restitution—Plain Error
- Sentencing—Stipulated Sentence—Appellate Review
Oregon Appellate Court – December 6, 2017
by: Msofia@ocdla.org • December 11, 2017 • no comments
EVIDENCE
- Expert Witnesses—Comment on Credibility
PCR/Habeas Corpus
- PCR—Inadequate Investigation of Penalty-Phase Mitigation Evidence
- PCR—Trial counsel’s failure to prevent or remedy prosecutor’s impermissible cross-examination prejudiced petitioner
Oregon Supreme Court—November 30, 2017
by: Msofia@ocdla.org • December 6, 2017 • no comments
Oregon Appellate Court – November 29, 2017
by: Msofia@ocdla.org • December 4, 2017 • no comments
APPEALS
- Appeals—Justiciability—Mootness
CRIMINAL PROCEDURE
- Criminal Procedure—Setting Aside Record of Arrest—Arrest for Contempt
- Criminal Procedure—Waiver of Appointed Counsel—Intentional waiver
EVIDENCE
- Evidence—Expert Testimony—Qualifications of Expert
JUVENILE DEPENDENCY/JUVENILE DELIQUENCY
- Juvenile Dependency—Motion to Set Aside Guardianship
SEARCH & SEIZURE
- Motion to Suppress—Attenuation—Preservation
SENTENCING
- Sentencing—Probation Revocation—Consecutive Incarceration Sanctions
Oregon Appellate Court – November 22, 2017
by: Msofia@ocdla.org • November 30, 2017 • no comments
DEFENSES
- Defenses—Guilty Except for Insanity Defense—Insufficient Evidence
EVIDENCE
- Evidence—Non-Hearsay—Out-of-court statement identifying defendant as the shooter not statement of identification
JUVENILE DEPENDENCY/JUVENILE DELINQUENCY
- Juvenile Dependency—Juvenile court’s jurisdiction to continue durable guardianship
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Search—Scope of Search Incident to Arrest Exception
SENTENCING
- Sentencing—Resentencing—Increased sentence and scope of remand
- Sentencing—Compensatory Fine—Plain Error
- Sentencing—$2,000 Fine for Third DUII, $255 State Obligation, $60 Mandatory State Amount—Plain Error
Oregon Appellate Court – November 15, 2017
by: Msofia@ocdla.org • November 21, 2017 • no comments
CRIMES
- Failure to Report as a Sex Offender—Classification of juvenile adjudication determines whether failure to report is a felony
- Tampering with Physical Evidence—MJOA—Plain Error
CUSTODIAL INTERROGATION/MIRANDA
- Custodial Interrogation/Miranda—Compelling Circumstances
EVIDENCE
- Evidence—ORS 136.444—Corroboration of Accomplice Testimony
- Evidence—Prior Bad Acts Evidence—Harmless Error
- Evidence—Vouching—Plain Error
JUVENILE DEPENDENCY/DELIQUENCY
- Juvenile Delinquency—Sentencing—Conditions of Probation
SEARCH & SEIZURE
- Motion to Suppress—Warrantless Searches—Record insufficient to establish that blood alcohol dissipation constituted an exigent circumstance
PCR/HABEAS CORPUS
- PCR—PCR judgment—Remanded for PCR court to fashion relief that will cure petitioner’s actual prejudice
Oregon Appellate Court – November 8, 2017
by: Msofia@ocdla.org • November 21, 2017 • no comments
CRIMES
- Crimes—Theft & Criminal Mischief—Property of an owner
CRIMINAL PROCEDURE
- Criminal Procedure—Right to Self-Representation—Mid-trial waiver of counsel
EVIDENCE
- Evidence—Remand for OEC 403 balancing
SEARCH & SEIZURE
- Motion to Suppress—Probable Cause of Traffic Violation—Failure to Drive Within a Lane
SENTENCING
- Sentencing—Restitution—Type of victim for which court may award restitution to health insurer
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
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
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
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
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
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
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
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
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'
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
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
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
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
