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Case Reviews

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, March 11, 2020

by: Rankin Johnson • March 21, 2020 • no comments

EVIDENCE - 403 balancing EVIDENCE - Expert witnesses and cross-examination using 'reliable authorities.' PROBATION - Conduct constituting violation SENTENCING - Long sentences for juvenile offenders CONTEMPT - Presence of the court APPELLATE PROCEDURE - Plain error APPELLATE PROCEDURE - Matters that may be challenged on appeal CONTEMPT - Elements of punitive contempt

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Oregon Supreme Court, March 5, 2020

by: Rankin Johnson • March 12, 2020 • no comments

SEARCH AND SEIZURE - Inventories

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Oregon Appellate Court, February 26, 2020

by: Rankin Johnson • February 28, 2020 • no comments

SEARCH AND SEIZURE - Automobile exception TRIAL PROCEDURE - Mistrials EVIDENCE - Other-bad-acts SUFFICIENCY OF EVIDENCE - Evidence of intent APPELLATE PROCEDURE - Preservation BAIL - Forfeiture TRIAL PROCEDURE - Indictment and preliminary hearing

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Oregon Supreme Court, February 21, 2020

by: Rankin Johnson • February 26, 2020 • no comments

RESTITUTION - Findings necessary to restitution award

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Oregon Appellate Court, February 20, 2020

by: Rankin Johnson • February 22, 2020 • no comments

INEFFECTIVE ASSISTANCE OF COUNSEL - Reasonable tactical choices SEARCH AND SEIZURE - Reasonable suspicion

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Oregon Appellate Court, February 5, 2020

by: Rankin Johnson • February 11, 2020 • no comments

SELF-INCRIMINATION - Promises of lenience SENTENCING - Probation conditions RESTITUTION - Time limits

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Oregon Appellate Court, January 29, 2020

by: Rankin Johnson • February 6, 2020 • no comments

TRIAL PROCEDURE - Preservation and making a record SENTENCING - Comparable convictions EVIDENCE - 403 balancing TRAFFIC OFFENSES - Following too closely SEARCH AND SEIZURE - Automobile exception DEFENSES - Passive resistance CIVIL COMMITMENT - Sufficiency of the evidence TRIAL PROCEDURE - Admission of exhibits SENTENCING - Financial obligations

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Oregon Supreme Court, January 16, 2020

by: Rankin Johnson • January 24, 2020 • no comments

RESTITUTION - Findings necessary to restitution award

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Oregon Appellate Court, January 15, 2020

by: Rankin Johnson • January 24, 2020 • no comments

TRIAL PROCEDURE - Subpoena enforcement POST-CONVICTION RELIEF - Summary judgment elements POST-CONVICTION RELIEF - Successive petitions SENTENCING - Terms of probation RESTITUTION - Unjust enrichment HABEAS CORPUS - Dismissal on court's own motion

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Oregon Supreme Court, December 27, 2019

by: Rankin Johnson • January 6, 2020 • no comments

BURGLARY - Intent DUII - Statutory counterparts

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Oregon Appellate Court, January 2, 2020

by: Rankin Johnson • January 3, 2020 • no comments

CIVIL COMMITMENT - Willingness to participate in treatment CONTEMPT - Review and collateral attack FINES, FEES, AND COSTS - Collection and enforcement DIVERSION - Termination

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Oregon Appellate Court, December 4, 2019

by: Rankin Johnson • December 6, 2019 • no comments

RESTITUTION - Expenses on behalf of minor child

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Oregon Appellate Court, November 27, 2019

by: Rankin Johnson • December 6, 2019 • no comments

RESTITUTION - Expenses on behalf of minor child SENTENCING - Merger GBI - Consecutive commitment terms SENTENCING - Right to be heard SEARCH AND SEIZURE - Jail inventory searches RIGHT TO COUNSEL - Self-representation SEARCH AND SEIZURE - Constructive possession SELF-INCRIMINATION - Harmlessness SEARCH AND SEIZURE - Mere conversation JOINDER - Offenses of the same or similar character CLOSING ARGUMENT - Counsel's opinions and plain error

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Oregon Supreme Court, November 21, 2019

by: Rankin Johnson • November 21, 2019 • no comments

EVIDENCE - Inferences

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Oregon Appellate Court, November 20, 2019

by: Rankin Johnson • November 21, 2019 • no comments

RESTITUTION - Medical expenses and plain error RESTITUTION - Medical expenses RESTITUTION - Procedural requirements CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries

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Oregon Supreme Court, November 15, 2019

by: Rankin Johnson • November 17, 2019 • no comments

SEARCH AND SEIZURE — Scope of stop

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Oregon Appellate Court, November 14, 2019

by: Rankin Johnson • November 15, 2019 • no comments

EVIDENCE - Rule of Completeness JURY INSTRUCTIONS - Self-defense and provocation INADEQUATE ASSISTANCE OF COUNSEL - Closing argument CIVIL COMMITMENT - Basic needs INADEQUATE ASSISTANCE OF COUNSEL - Duty to investigate

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Oregon Supreme Court, November 7, 2019

by: Rankin Johnson • November 8, 2019 • no comments

SEARCH AND SEIZURE — Officer safety

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Oregon Appellate Court, November 6, 2019

by: Rankin Johnson • November 6, 2019 • no comments

RIGHT TO JURY TRIAL - Waiver

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Oregon Appellate Court, October 30, 2019

by: Rankin Johnson • November 5, 2019 • no comments

RIGHT TO JURY TRIAL - Waiver SELF-INCRIMINATION - Statements in connection with breath-test refusal SEARCH AND SEIZURE - Probable cause SENTENCING - Merger CIVIL COMMITMENT - Sufficiency of evidence APPEAL AND REVIEW - Reviewability of plea agreements POST-CONVICTION RELIEF - Inadequate assistance of appellate counsel FAILURE TO APPEAR - Source of obligation to appear SENTENCING - Merger SENTENCING JURY INSTRUCTIONS - Knowledge that weapon is dangerous

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