Case Reviews
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Oregon Appellate Court, August 14, 2019
by: Rankin Johnson • August 23, 2019 • no comments
SEARCH AND SEIZURE - Duration of traffic stop SENTENCING- Merger EVIDENCE - Other-bad-acts SEARCH AND SEIZURE - Consent to enter and remain in residence
→ read the full summaries...Oregon Appellate Court, August 21, 2019
by: Rankin Johnson • August 23, 2019 • no comments
APPELLATE PROCEDURE - Disposition following reversal
→ read the full summaries...Oregon Supreme Court, August 8, 2019
by: Rankin Johnson • August 20, 2019 • no comments
HINDERING PROSECUTION — Concealment
→ read the full summaries...Oregon Appellate Court, July 31, 2019
by: Rankin Johnson • August 5, 2019 • no comments
EVIDENCE - Therapy privilege PROBATION - Source of probation terms APPELLATE PROCEDURE- Timeliness of notice of appeal EVIDENCE - FSTs as scientific evidence RESTITUTION - Evidence required to support restitution for medical bills SENTENCING - Statutory maxima for guidelines sentences RESTITUTION - Default judgment in restitution proceeding SEARCH AND SEIZURE - Inventory policies
→ read the full summaries...Oregon Appellate Court, July 17, 2019
by: Rankin Johnson • July 23, 2019 • no comments
SEARCH AND SEIZURE - Particularity requirement for search warrants REPO - Comparable out-of-state convictions MENTAL STATES - Conduct and circumstance elements SENTENCING - Probation conditions and medical marijuana
→ read the full summaries...Oregon Appellate Court, July 10, 2019
by: Rankin Johnson • July 11, 2019 • no comments
PROBATION - Basis to find violation RESTITUTION - Restitution awards in multiple cases RIGHT TO COUNSEL - Court's obligation to consider defendant's complaints about counsel
→ read the full summaries...Oregon Appellate Court, June 26, 2019
by: Rankin Johnson • July 7, 2019 • no comments
SENTENCING - Money judgment in connection with prison term EVIDENCE - Homeowner's exception to ban on surreptitious recording JUVENILE DELINQUENCY - Merger SEARCH AND SEIZURE - Probable cause
→ read the full summaries...Oregon Appellate Court, July 3, 2019
by: Rankin Johnson • July 7, 2019 • no comments
RIGHT TO JURY TRIAL - Exclusion of ethnic minorities from jury
→ read the full summaries...Oregon Appellate Court, June 19, 2019
by: Rankin Johnson • June 21, 2019 • no comments
SENTENCING - Money judgment in connection with prison term SEARCH AND SEIZURE - Remedy for multipart warrant with invalid part RIGHT TO JURY TRIAL - Waiver of jury trial CRIMINAL MISCHIEF - Value of property damaged SENTENCING - Discretionary fines and fees MENS REA - Knowledge requirement for UUMV and PSV prosecution
→ read the full summaries...Oregon Appellate Court, June 12, 2019
by: Rankin Johnson • June 18, 2019 • no comments
RESTITUTION - Stipulations and plea agreements MENS REA - Knowledge of victim's age BURGLARY - Intent to commit crime in house EVIDENCE - Other-bad-acts and propensity evidence SELF-INCRIMINATION - Evidence of assertion of right to remain silent SENTENCING - Consecutive sentences DISORDERLY CONDUCT - Mental states APPELLATE PROCEDURE - Mootness
→ read the full summaries...Oregon Appellate Court, May 30, 2019
by: Rankin Johnson • June 14, 2019 • no comments
RESTITUTION - Plain error review POST-CONVICTION RELIEF - Filing fee SENTENCING - Proportionality INTERFERING WITH A PEACE OFFICER - Plain error review APPELLATE REVIEW - Harmlessness
→ read the full summaries...Oregon Supreme Court, June 13, 2019
by: Rankin Johnson • June 13, 2019 • no comments
COMPENSATORY FINES — Child medical expenses
→ read the full summaries...Oregon Appellate Court, June 5, 2019
by: Rankin Johnson • June 12, 2019 • no comments
ASSAULT - Injury BOYD DELIVERY - Sufficiency of evidence CIVIL COMMITMENT - Time for hearing MEASURE 11 - Factors to consider in proportionality challenge
→ read the full summaries...Oregon Supreme Court, May 31, 2019
by: Rankin Johnson • June 7, 2019 • no comments
RESTITUTION — Civil defenses to restitution VOUCHING - Use of the term 'victim.'
→ read the full summaries...Oregon Supreme Court, June 6, 2019
by: Rankin Johnson • June 7, 2019 • no comments
RESTITUTION — Civil defenses to restitution VOUCHING - Use of the term 'victim.'
→ read the full summaries...Oregon Appellate Court, May 22, 2019
by: Rankin Johnson • May 26, 2019 • no comments
RESTITUTION - Restitution disputes following plea agreement APPEAL AND REVIEW - Scope of proceedings on remand; interpretation of tagline in appellate opinion POST-CONVICTION RELIEF - Successive post-conviction claims OTHER BAD ACTS-Doctrine of chances SEARCH AND SEIZURE - Extension of traffic stop TRIAL PROCEDURE - Continuance
→ read the full summaries...Oregon Supreme Court, May 23, 2019
by: Rankin Johnson • May 24, 2019 • no comments
FEDERAL SENTENCING— Oregon robbery as federal predicate RIGHT TO COUNSEL— Effect of pending charges on investigation of ongoing criminal activity
→ read the full summaries...Oregon Appellate Court, May 15, 2019
by: Rankin Johnson • May 17, 2019 • no comments
RESTITUTION - Restitution disputes following plea agreement FAPA AND STALKING ORDERS - Sufficiency of the evidence POST-CONVICTION RELIEF - Ineffective assistance of counsel INSANITY - Basis to continue PSRB jurisdiction
→ read the full summaries...Oregon Supreme Court, May 9, 2019
by: Rankin Johnson • May 11, 2019 • no comments
SEARCH AND SEIZURE — Termination of possession and privacy interests
→ read the full summaries...Oregon Appellate Court, May 1, 2019
by: Rankin Johnson • May 8, 2019 • no comments
POST-CONVICTION RELIEF - Counsel's failure to investigate CORPUS DELICTI RULE - Matters for court and jury SEARCH AND SEIZURE - Extension of traffic stop MERGER - Findings regarding separate victims EVIDENCE - Impeachment SENTENCING - Restitution
→ read the full summaries...