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Go here to see a list of:
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 Supreme Court--February 28,2019

EVIDENCE — Hearsay, official records, and business records. Records generated by police agencies are not admissible as business records but may be admissible as official records. Reversed and remanded for new trial. State v. Edmonds 364 Or 410 (February 28, 2019) (Balmer) (Clackamas County, Van Dyk)

FAILURE TO APPEAR — 'Released from custody' element of offense A book-and-release process ordered by a judge is not 'custody,' as that term is used in the failure-to-appear statutes, and therefore the court erred in denying a motion for judgment of acquittal. Reversed. State v. McColly 364 Or 464 (February 28, 2019) (Nelson) (Tillamook County, Stevens)

POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was advised of potential immigration consequences at the time of his plea, and therefore his ignorance of those consequences did not toll the statute of limitations. Affirmed. The court also noted that the record raised the issue of whether the petitioner's mental disabilities were a basis to toll the statute of limitations. But, because petitioner alleged, in a declaration attached to the petition, that he would not have pleaded guilty if he had known the immigration consequences, the court held that he was mentally competent to understand the significance of immigration consequences. The court further noted that the evidence of defendant's mental disabilities did not show that it prevented him from consulting with counsel or timely filing a petition. Perez-Rodriguez v. State 364 Or 489 (February 28, 2019) (Nelson, Balmer dissenting) (Washington County, Kohl)

POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was unaware of potential immigration consequences until he was placed in deportation proceedings, by which time the post-conviction statute of limitations had expired, and therefore the statute of limitations was tolled. Reversed and remanded. The court explained that, because neither the court nor defense counsel told petitioner of the possibility of immigration consequences, a reasonable layperson in petitioner's position would have had no reason to investigate or consult with counsel. The resulting rule is similar to the civil discovery rule for tolling a statute of limitations. Balmer dissented, arguing that petitioner had all the facts necessary to his claim. Balmer would have held that the petitioner's legal ignorance did not make his failure to seek counsel reasonable. Gutale v. State 364 Or 502 (February 28, 2019) (Nelson) (Washington County, Bailey)

Oregon Supreme Court - August 9, 2018

by: Rankin Johnson IV • August 23, 2018 • no comments

SEARCH AND SEIZURE - Traffic stops POST-CONVICTION-Church hearings

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Oregon Supreme Court - August 16, 2018

by: Rankin Johnson IV • August 23, 2018 • no comments

TRIAL PROCEEDINGS - Motions for change of judge

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Oregon Appellate Court--August 8, 2018

by: Rankin Johnson IV • August 13, 2018 • no comments

APPEALS - Motions for summary affirmance BURGLARY - Relationship between mens rea and actus reus SEARCH AND SEIZURE - Conduct constituting a stop

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Oregon Appellate Court--August 1, 2018

by: Rankin Johnson IV • August 13, 2018 • no comments

JUVENILE DELINQUENCY-Delinquency petition following probation violation EVIDENCE - Impeachable convictions SENTENCING - Consecutive sentences JOINDER OF OFFENSES - Failure to allege basis for joinder SENTENCING - Measure 11 escape clause PAROLE AND POST-PRISON SUPERVISION - Prohibiting family contact on supervision

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Oregon Supreme Court - August 2, 2018

by: Rankin Johnson IV • August 6, 2018 • no comments

  • ’’’403 BALANCING - Findings’’’
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Oregon Appellate Court--July 25, 2018

by: Rankin Johnson IV • July 27, 2018 • no comments

POST-CONVICTION RELIEF-Conviction which can be attacked TRIAL PROCEDURE-Amending judgment EVIDENCE-Forfeiture-by-wrongdoing hearsay exception APPEALS-Record necessary for review SEARCH AND SEIZURE-Officer safety EVIDENCE-403 balancing SENTENCING-Merger SEARCH AND SEIZURE-Patdowns

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Oregon Supreme Court - July 26, 2018

by: Rankin Johnson IV • July 27, 2018 • no comments

CRIMES - Theft by receiving SEARCH AND SEIZURE - Inquiring about weapons

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Oregon Appellate Court--July 11, 2018

by: Rankin Johnson IV • July 25, 2018 • no comments

  • EVIDENCE-Rape shield law
  • BAIL-Rescission and financial obligations
  • SENTENCING-Out-of-state convictions as predicates
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Oregon Appellate Court--July 18, 2018

by: Rankin Johnson IV • July 25, 2018 • no comments

  • ATTORNEY FEE AWARDS-Requisite findings
  • PROBATION CONDITIONS-Medical marijuana
  • EVIDENCE-403 balancing
  • PAROLE BOARD PROCEDURE-Findings of fact
  • CIVIL COMMITMENT-Jurisdiction and venue
  • JURY INSTRUCTIONS-Supplemental instructions
  • SEARCH AND SEIZURE-Probable cause as to driving uninsured
  • SENTENCING-Fines, fees, and assessments
  • SENTENCING-Maximum terms
  • JUVENILE LAW-Detention as probation sanction
  • CONTEMPT-Terminology in judgment
  • SENTENCING-Maximum terms
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Oregon Supreme Court - July 19, 2018

by: Rankin Johnson IV • July 20, 2018 • no comments

  • SCIENTIFIC EVIDENCE - Grooming
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Oregon Supreme Court - June 28, 2018

by: Rankin Johnson IV • July 17, 2018 • no comments

  • SEARCH WARRANTS - Searches of computers
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Oregon Supreme Court - July 5, 2018

by: Rankin Johnson IV • July 17, 2018 • no comments

  • SUBPOENAS - Property and privacy of third parties
  • DUII - Predicate offenses
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Oregon Supreme Court - June 21, 2018

by: Rankin Johnson IV • June 25, 2018 • no comments

  • SELF-INCRIMINATION -- Suppression and exploitation
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Oregon Appellate Court--June 13, 2018

by: Rankin Johnson IV • June 22, 2018 • no comments

  • PROBATION-Basis to arrest for violation
  • SEARCH AND SEIZURE-Privacy interest
  • EVIDENCE-In-court identifications
  • POST-CONVICTION RELIEF-Conduct of hearing
  • TRIAL PROCEDURE-Conflict between oral and written judgment
  • CIVIL COMMITMENT-Time of hearing
  • PROBATION-Corpus Delicti rule
  • POST-CONVICTION RELIEF-Pleading requirements
  • DUII-Date of prior convictions
  • STALKING/VRO/FAPA-Request for findings
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Oregon Appellate Court--June 6, 2018

by: Rankin Johnson IV • June 14, 2018 • no comments

  • CRIMES-Unlawful possession of a weapon
  • EVIDENCE-Authentication
  • EVIDENCE-Hearsay
  • APPEALS-Preservation of error
  • TRIAL PROCEDURE-Juror qualification
  • POST-CONVICTION RELIEF-Advice of immigration consequences
  • CONTEMPT-Judgment or order
  • EVIDENCE-Expert witnesses
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Oregon Supreme Court - May 2, 2018

by: Rankin Johnson IV • June 5, 2018 • no comments

  • VICTIM'S RIGHTS -- Right to speak at sentencing
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Oregon Supreme Court - May 10, 2018

by: Rankin Johnson IV • June 4, 2018 • no comments

  • SENTENCING -- Adult Sentencing of Juveniles
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Oregon Appellate Court--May 16, 2018

by: Rankin Johnson IV • May 22, 2018 • no comments

  • SENTENCING -- Merger
  • JURY INSTRUCTIONS -- Accomplices
  • TRIAL PROCEDURE - In-camera review
  • SEARCH AND SEIZURE -- Scope of stop
  • APPEALS -- Mootness
  • DEFENSES -- Freedom of speech
  • SENTENCING -- Restitution
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Oregon Supreme Court - April 19, 2018

by: Rankin Johnson IV • May 7, 2018 • one comment

  • ACCUSATORY INSTRUMENTS -- ORICO
  • APPEALS -- Preservation
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Oregon Appellate Court--April 11, 2018

by: Rankin Johnson IV • May 7, 2018 • no comments

  • CIVIL COMMITMENT -- Sufficiency
  • EVIDENCE - Curative or conditional admissibility
  • POST-CONVICTION relief -- Ineffectiveness and tactical choices
  • APPEALS -- Preservation
  • EVIDENCE -- Expert testimony
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