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Case Reviews

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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 Supreme Court, June 24, 2021

by: Rankin Johnson • June 24, 2021 • no comments

POST-CONVICTION RELIEF - Effect of failure to appeal

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Oregon Appellate Court, June 16, 2021

by: Rankin Johnson • June 18, 2021 • no comments

EVIDENCE - 403 balancing DEFENSES - Choice of evils RIGHT TO JURY TRIAL - Nonunanimous verdicts TRIAL PROCEDURE - Telephone testimony

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Oregon Supreme Court, June 10, 2021

by: Rankin Johnson • June 11, 2021 • no comments

ACCUSATORY INSTRUMENTS - Waiver of preliminary hearing

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Oregon Appellate Court, June 9, 2021

by: Rankin Johnson • June 11, 2021 • no comments

EVIDENCE - 403 balancing ATTEMPT TO ELUDE - Vehicles SENTENCING - Fines, fees, and costs EVIDENCE - Vouching SENTENCING - Fines, fees, and costs ENDANGERING THE WELFARE OF A MINOR - Sufficiency of the evidence SENTENCING - Fines, fees, and costs SEARCH AND SEIZURE - Officer safety

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Oregon Appellate Court, June 3, 2021

by: Rankin Johnson • June 4, 2021 • no comments

RESTITUTION - Proof THEFT - Valuation THEFT - Mens rea ASSAULT - Mens rea DUII - Predicate offenses SENTENCING - PSIs

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Oregon Appellate Court, May 26, 2021

by: Rankin Johnson • May 28, 2021 • no comments

DEFENDANT'S STATEMENTS - Statements made in connection with supervision PRE-TRIAL PROCEEDINGS - Pre-trial motions ASSAULT - Substantial pain APPELLATE PROCEDURE - Reviewability DRUG OFFENSES - Mere presence RESTITUTION - Proof SEARCH AND SEIZURE - Scope of traffic stop DUII - Implied consent ASSAULT - Injury

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Oregon Supreme Court, May 20, 2021

by: Rankin Johnson • May 28, 2021 • no comments

EVIDENCE - Impeachment POST-CONVICTION RELIEF - Ineffective assistance of appellate counsel

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Oregon Appellate Court, May 19, 2021

by: Rankin Johnson • May 21, 2021 • no comments

EVIDENCE - Stipulations and relevance EVIDENCE - Impeachment THEFT - Value RIGHT TO COUNSEL - Related offenses DUII - Diversion procedure DEFENDANT'S STATEMENTS - Promises of lenience SEARCH AND SEIZURE - Probable cause SEARCH AND SEIZURE - Conduct constituting search TRIAL PROCEDURE - Concurrence instructions SEARCH AND SEIZURE - Exigent circumstances

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Oregon Appellate Court, May 12, 2021

by: Rankin Johnson • May 14, 2021 • no comments

EVIDENCE - Scientific and expert evidence EVIDENCE - Other bad acts RIGHT TO JURY TRIAL - Nonunanimous verdicts DUII - Implied consent CLOSING ARGUMENT - Facts not in evidence FAPA, STALKING, AND RESTRAINING ORDERS - SAPO orders SUPERVISION - Commencement of probation-violation proceedings

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Oregon Appellate Court, May 5, 2021

by: Rankin Johnson • May 7, 2021 • no comments

DEFENDANT'S STATEMENTS - Conduct constituting interrogation DEFENDANT'S STATEMENTS - Corroboration SEARCH AND SEIZURE - Dealer plates' EVIDENCE - Authentication of social-media posts SEARCH AND SEIZURE - Scope of traffic stop SENTENCING - Attorney's fees REFUSING TO OBEY A LAWFUL ORDER - Passive resistance EVIDENCE - Victim's other-bad-acts

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Oregon Supreme Court, May 6, 2021

by: Rankin Johnson • May 6, 2021 • no comments

EX POST FACTO LAWS - Ameliorative changes

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Oregon Appellate Court, April 28, 2021

by: Rankin Johnson • April 29, 2021 • no comments

SEARCH AND SEIZURE - Scope of consent SEARCH AND SEIZURE - Smell of marijuana RECKLESS ENDANGERMENT - Sufficiency

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Oregon Appellate Court, April 21, 2021

by: Rankin Johnson • April 22, 2021 • no comments

EVIDENCE - Prejudicial, confusing, or misleading evidence MENS REA - Intoxication and knowledge UNLAWFUL SEXUAL PENETRATION - Mens rea THEFT - Value EVIDENCE - Grooming

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Oregon Appellate Court, April 14, 2021

by: Rankin Johnson • April 15, 2021 • no comments

SEARCH AND SEIZURE - Conduct constituting seizure SENTENCING - Separate victims MENTAL HEALTH DEFENSES - Guilty-but-insane' CIVIL COMMITMENT - Hearing procedures SEARCH AND SEIZURE - Expansion of traffic stop SEARCH AND SEIZURE - Officer safety

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Oregon Supreme Court, April 8, 2021

by: Rankin Johnson • April 8, 2021 • no comments

TRIAL PROCEDURE - Timeliness of filing

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Oregon Appellate Court, April 7, 2021

by: Rankin Johnson • April 8, 2021 • no comments

RIGHT TO JURY TRIAL - Unanimity SENTENCING - Modification and correction SENTENCING - Merger SEARCH AND SEIZURE - Reasonable suspicion TIME LIMITATIONS - Speedy trial RIGHT TO JURY TRIAL - Unanimity INADEQUATE ASSISTANCE OF COUNSEL - Use of experts

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Oregon Appellate Court, March 31, 2021

by: Rankin Johnson • April 1, 2021 • no comments

EVIDENCE - 'In camera' review SEARCH AND SEIZURE - Material witnesses EVIDENCE - Scientific and expert evidence EVIDENCE - Accomplice-witnesses RIGHT TO DUE PROCESS - Brady lists POST-CONVICTION RELIEF - Church motions SENTENCING - Earned-time credit SEARCH AND SEIZURE - Particularity

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Oregon Appellate Court, March 3, 2021

by: Rankin Johnson • March 30, 2021 • no comments

JOINDER, SEVERANCE, AND ELECTION - Overlapping theories EVIDENCE - Other bad acts EVIDENCE - Identity of defendant FIREARM OFFENSES - Right to bear arms SEARCH AND SEIZURE - Reasonable suspicion SENTENCING - Out-of-state convictions EVIDENCE - Other bad acts CIVIL COMMITMENT - Sufficiency SENTENCING - Concurrent and consecutive sentences RIGHT TO COUNSEL - Proceedings on remand

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Oregon Appellate Court, March 24, 2021

by: Rankin Johnson • March 30, 2021 • no comments

EVIDENCE - Impeachment

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Oregon Appellate Court, March 10, 2021

by: Rankin Johnson • March 18, 2021 • no comments

RIGHT TO JURY TRIAL - Unanimity SEX CRIMES - Sexual Contact RIGHT TO JURY TRIAL - Unanimity SEARCH AND SEIZURE - Conduct constituting a search DEFENDANT'S STATEMENTS - Compelling circumstances EVIDENCE - Other bad acts SENTENCING - Special probation conditions MENS REA - Value

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