Case Reviews
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Oregon Appellate Court, March 17, 2021
by: Rankin Johnson • March 17, 2021 • no comments
SUFFICIENCY OF EVIDENCE - Ownership EVIDENCE - Victim's sexual history RIGHT TO JURY TRIAL - Unanimity DUII - Predicate offenses for felony TRIAL PROCEDURE - Duplicative charges EVIDENCE - Prior inconsistent statements SEARCH AND SEIZURE - Acquiescence SENTENCING - Mandatory minimum sentences EVIDENCE - Harmfulness EVIDENCE - Other bad acts
→ read the full summaries...Oregon Supreme Court, March 17, 2021
by: Rankin Johnson • March 17, 2021 • no comments
TRIAL PROCEDURE - New trial motions
→ read the full summaries...Oregon Supreme Court, March 4, 2021
by: Rankin Johnson • March 9, 2021 • no comments
EVIDENCE - Impeachment with conviction RESTITUTION - Reasonableness of bill JUVENILE DELINQUENCY - Cruel and unusual punishment
EVIDENCE - Inadmissible evidence
→ read the full summaries...Oregon Supreme Court, February 25, 2021
by: Rankin Johnson • February 25, 2021 • no comments
RIGHT TO JURY - Votes necessary to acquit EVIDENCE - Inadmissible evidence
→ read the full summaries...Oregon Appellate Court, December 23, 2020
by: Rankin Johnson • February 24, 2021 • no comments
SENTENCING - Disproportionate punishment RIGHT TO PRESENCE AT TRIAL - Waiver PRE-TRIAL PROCEDURE - Continuances EVIDENCE - Foundation for expert opinion
→ read the full summaries...Oregon Appellate Court, February 24, 2021
by: Rankin Johnson • February 24, 2021 • no comments
TIME LIMITATIONS - Pre-indictment delay
→ read the full summaries...Oregon Appellate Court, February 10, 2021
by: Rankin Johnson • February 24, 2021 • no comments
FIREARM OFFENSES - Defenses CAPITAL DEFENSE - Constitutionality of death-penalty statutes FAPA, STALKING, AND RESTRAINING ORDERS - Renewal EVIDENCE - Referring to complaining witness as 'victim.' SEARCH AND SEIZURE - Conduct constituting stop DEFENDANTS STATEMENTS - Interrogation JUVENILE DELINQUENCY - Concurrent juvenile and criminal proceedings RESTITUTION - Qualifying expenses
→ read the full summaries...Oregon Appellate Court, February 18, 2021
by: Rankin Johnson • February 18, 2021 • no comments
CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries APPELLATE PROCEDURE - Law of the case
→ read the full summaries...Oregon Appellate Court, January 6, 2021
by: Rankin Johnson • February 9, 2021 • no comments
CIVIL COMMITMENT - Sufficiency RESTITUTION - Sick leave SEARCH AND SEIZURE - Reasonable suspicion FINES, FEES, AND COSTS - Discretionary fees PRE-TRIAL PROCEDURE - Motion deadlines
→ read the full summaries...Oregon Appellate Court, February 3, 2021
by: Rankin Johnson • February 5, 2021 • no comments
EVIDENCE - Accomplice-witnesses SENTENCING- Merger CIVIL COMMITMENT - Sufficiency SUPERVISION - Geographic restrictions FAPA, STALKING, AND RESTRAINING ORDERS - Contacts SENTENCING - Departure factors EVIDENCE - Authentication JURY VERDICTS - Concurrence JURY VERDICTS - Unanimity THEFT OFFENSES - Ownership DEFENDANT'S STATEMENTS - Promises of lenience
→ read the full summaries...Oregon Appellate Court, January 27, 2021
by: Rankin Johnson • February 2, 2021 • no comments
SENTENCING - Repeat offenders' PROBATION AND OTHER SUPERVISION - Marijuana use SEARCH AND SEIZURE - Officer safety APPELLATE PROCEDURE - Dismissal SEARCH AND SEIZURE - Delay in seeking warrant SEARCH AND SEIZURE - Probable cause EVIDENCE - Other bad acts SEARCH AND SEIZURE - Probable cause SEARCH AND SEIZURE - Stops SENTENCING - Restitution
→ read the full summaries...Oregon Appellate Court, January 27, 2001
by: Rankin Johnson • February 2, 2021 • no comments
SENTENCING - Repeat offenders' PROBATION AND OTHER SUPERVISION - Marijuana use SEARCH AND SEIZURE - Officer safety APPELLATE PROCEDURE - Dismissal SEARCH AND SEIZURE - Delay in seeking warrant SEARCH AND SEIZURE - Probable cause EVIDENCE - Other bad acts SEARCH AND SEIZURE - Probable cause SEARCH AND SEIZURE - Stops SENTENCING - Restitution
→ read the full summaries...Oregon Supreme Court, January 28, 2021
by: Rankin Johnson • January 29, 2021 • no comments
DEFENDANT'S STATEMENTS - Statements which may be compelled
→ read the full summaries...Oregon Appellate Court, January 21, 2021
by: Rankin Johnson • January 21, 2021 • no comments
EVIDENCE - Hearsay and witness availability SEARCH AND SEIZURE - Voluntariness APPELLATE PROCEDURE - Preservation MENTAL HEALTH DEFENSES - Sufficiency CIVIL COMMITMENT - Sufficiency TRIAL PROCEDURE - Joinder and severance EVIDENCE - Relevance
→ read the full summaries...Oregon Supreme Court, January 14, 2021
by: Rankin Johnson • January 19, 2021 • no comments
EVIDENCE - Doctrine of chances
→ read the full summaries...Oregon Supreme Court, December 31, 2020
by: Rankin Johnson • January 13, 2021 • no comments
NOTICE OF APPEAL - Timeliness and relation-back
→ read the full summaries...Oregon Appellate Court, January 13, 2021
by: Rankin Johnson • January 13, 2021 • no comments
SEARCH AND SEIZURE - Reasonable suspicion JURY INSTRUCTIONS - Unpled prosecution theories SENTENCING - Restitution
→ read the full summaries...Oregon Supreme Court, December 24, 2020
by: Rankin Johnson • December 28, 2020 • no comments
JURY TRIALS - Unanimity
→ read the full summaries...Oregon Appellate Court, December 9, 2020
by: Rankin Johnson • December 15, 2020 • no comments
SENTENCING - Consecutive probation sanctions STALKING AND FAPA ORDERS - Sufficiency DOUBLE JEOPARDY - Manifest necessity SEARCH AND SEIZURE - Officer safety PRESERVATION - Plain error SEARCH AND SEIZURE - Exploitation ASSAULT - Injury
→ read the full summaries...Oregon Appellate Court, December 2, 2020
by: Rankin Johnson • December 4, 2020 • no comments
PRESERVATION - Invited error UNLAWFUL USE OF A WEAPON - Mens rea SEARCH AND SEIZURE - No-trespassing signs SEARCH AND SEIZURE - Expansion of stop FAPA AND STALKING ORDERS - Timing of hearing
→ read the full summaries...