Case Reviews
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Oregon Appellate Court, September 25, 2019
by: Rankin Johnson • September 26, 2019 • no comments
SENTENCING - Duration of PPS SENTENCING - Interplay of sentencing guidelines SENTENCING - Court-appointed attorney fees
→ read the full summaries...Oregon Appellate Court, September 18, 2019
by: Rankin Johnson • September 18, 2019 • no comments
SENTENCING - Restitution APPELLATE PROCEDURE - Mootness SENTENCING - Marijuana and probation conditions SEARCH AND SEIZURE - Inventory DUII - FSTs and Rohrs admonishment CIVIL COMMITMENT - Service of process
→ read the full summaries...Oregon Appellate Court, August 7, 2019
by: Rankin Johnson • September 3, 2019 • no comments
EVIDENCE - Impeachment with prior false accusations APPEALS - Preservation EVIDENCE - Impeachment with prior conviction SEARCH AND SEIZURE - Reasonable suspicion STALKING AND PROTECTIVE ORDERS - Sufficiency STALKING AND PROTECTIVE ORDERS - Mens rea EVIDENCE - Mens rea and mental illness SEARCH AND SEIZURE - Duration of traffic stop SENTENCING - Merger FIREARMS - Basis for individual prohibition TRIAL PROCEDURE - Continuance
→ read the full summaries...Oregon Appellate Court, August 28 2019
by: Rankin Johnson • August 28, 2019 • no comments
TRIAL PROCEDURE - Motions to correct judgment RESTITUTION - Restitution and insurance SEARCH AND SEIZURE - Intoxication and reasonable suspicion SEARCH AND SEIZURE - Inventory DUII - FSTs and Rohrs admonishment CIVIL COMMITMENT - Service of process
→ read the full summaries...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...