A Book from the Library of Defense
Namespaces
Variants
Actions

Case Reviews

From OCDLA Library of Defense
Jump to: navigation, search


Go here to see a list of:
2018 Case Summaries by Topic
2017 Case Summaries by Topic
2016 Case Summaries by Topic
2015 Case Summaries by Topic


___________________________________________________________________

Oregon Supreme Court - November 8, 2018

by: Rankin Johnson IV • November 12, 2018 • no comments

EVIDENCE — State-of-mind hearsay exception

Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court reversed, Court of Appeals affirmed, remanded for new trial.

Defendant was accused of robbing the victim and then killing him. Defendant argued that the victim had robbed defendant and defendant killed him in self-defense. Defendant sought to offer evidence of e-mails the victim had sent about his financial difficulties. The trial court excluded some of the e-mails as hearsay. Because the e-mails tended to prove the victim’s state of mind, they were admissible as nonhearsay notwithstanding that they also referred to historical facts.

State v. Bement 363 Or 760 (November 8, 2018) (Nelson) (Washington County, Knapp)

Oregon Appellate Court--November 7, 2018

by: Rankin Johnson IV • November 8, 2018 • no comments

CONTROLLED SUBSTANCES - Sufficiency of the evidence BURGLARY - Sufficiency of the evidence DOUBLE JEOPARDY - Judicial actions constituting acquittal POST-CONVICTION RELIEF - Actual innocence POST-CONVICTION RELIEF - Prejudice TRIAL PROCEDURE - Voir dire CONTEMPT - Sufficiency of the evidence ASSAULT - Injury SENTENCING - Special probation conditions

→ read the full summaries...

Oregon Supreme Court - October 4, 2018

by: Rankin Johnson IV • October 12, 2018 • no comments

POST-CONVICTION RELIEF - Ineffective assistance of counsel SEARCH AND SEIZURE - Officer safety

→ read the full summaries...

Oregon Appellate Court--September 19, 2018

by: Rankin Johnson IV • September 28, 2018 • no comments

ASSAULT IN THE FIRST DEGREE - Intent to cause injury STALKING/VRO/FAPA - Acts constituting abuse

→ read the full summaries...

Oregon Supreme Court - September 20, 2018

by: Rankin Johnson IV • September 25, 2018 • no comments

SENTENCING - Separate criminal episodes

→ read the full summaries...

Oregon Appellate Court--September 6, 2018

by: Rankin Johnson IV • September 19, 2018 • no comments

SENTENCING - Disproportionate sentences RESISTING ARREST FAILURE TO REGISTER AS A SEX OFFENDER - Time to register CRIMINAL MISTREATMENT - Dependent persons PUBLIC RECORDS REQUESTS - Records relating to child abuse SEARCH AND SEIZURE - Conduct constituting stop SENTENCING - Special probation conditions SEARCH AND SEIZURE - Emergency aid exception

→ read the full summaries...

Oregon Appellate Court--August 29, 2018

by: Rankin Johnson IV • September 17, 2018 • no comments

TRIAL PROCEDURE - Joinder EVIDENCE - 403 balancing PCR - Ineffective assistance of counsel TRIAL PROCEDURE - Mistrials SENTENCING - DNA samples TRIAL PROCEDURE - Statutes of limitations

→ read the full summaries...

Oregon Appellate Court--August 22, 2018

by: Rankin Johnson IV • September 10, 2018 • no comments

SENTENCING - Separate criminal episodes EVIDENCE - Expert and opinion testimony EVIDENCE - Relevance RIGHT TO COUNSEL - Self-representation

→ read the full summaries...

Oregon Appellate Court--August 15, 2018

by: Rankin Johnson IV • August 31, 2018 • no comments

SENTENCING - Probation violations PREEMPTION - Minor in possession JURY INSTRUCTIONS - Physical Injury RIGHT TO COUNSEL - Waiver APPEALS - Preservation of error CIVIL COMMITMENT - Sufficiency of evidence APPEALS - Review of civil commitment order APPEALS - Review of Second Look proceedings SENTENCING - Merger

→ read the full summaries...

Oregon Supreme Court - August 9, 2018

by: Rankin Johnson IV • August 23, 2018 • no comments

SEARCH AND SEIZURE - Traffic stops POST-CONVICTION-Church hearings

→ read the full summaries...

Oregon Supreme Court - August 16, 2018

by: Rankin Johnson IV • August 23, 2018 • no comments

TRIAL PROCEEDINGS - Motions for change of judge

→ read the full summaries...

Oregon Appellate Court--August 8, 2018

by: Rankin Johnson IV • August 13, 2018 • no comments

APPEALS - Motions for summary affirmance BURGLARY - Relationship between mens rea and actus reus SEARCH AND SEIZURE - Conduct constituting a stop

→ read the full summaries...

Oregon Appellate Court--August 1, 2018

by: Rankin Johnson IV • August 13, 2018 • no comments

JUVENILE DELINQUENCY-Delinquency petition following probation violation EVIDENCE - Impeachable convictions SENTENCING - Consecutive sentences JOINDER OF OFFENSES - Failure to allege basis for joinder SENTENCING - Measure 11 escape clause PAROLE AND POST-PRISON SUPERVISION - Prohibiting family contact on supervision

→ read the full summaries...

Oregon Supreme Court - August 2, 2018

by: Rankin Johnson IV • August 6, 2018 • no comments

  • ’’’403 BALANCING - Findings’’’
→ read the full summaries...

Oregon Appellate Court--July 25, 2018

by: Rankin Johnson IV • July 27, 2018 • no comments

POST-CONVICTION RELIEF-Conviction which can be attacked TRIAL PROCEDURE-Amending judgment EVIDENCE-Forfeiture-by-wrongdoing hearsay exception APPEALS-Record necessary for review SEARCH AND SEIZURE-Officer safety EVIDENCE-403 balancing SENTENCING-Merger SEARCH AND SEIZURE-Patdowns

→ read the full summaries...

Oregon Supreme Court - July 26, 2018

by: Rankin Johnson IV • July 27, 2018 • no comments

CRIMES - Theft by receiving SEARCH AND SEIZURE - Inquiring about weapons

→ read the full summaries...

Oregon Appellate Court--July 11, 2018

by: Rankin Johnson IV • July 25, 2018 • no comments

  • EVIDENCE-Rape shield law
  • BAIL-Rescission and financial obligations
  • SENTENCING-Out-of-state convictions as predicates
→ read the full summaries...

Oregon Appellate Court--July 18, 2018

by: Rankin Johnson IV • July 25, 2018 • no comments

  • ATTORNEY FEE AWARDS-Requisite findings
  • PROBATION CONDITIONS-Medical marijuana
  • EVIDENCE-403 balancing
  • PAROLE BOARD PROCEDURE-Findings of fact
  • CIVIL COMMITMENT-Jurisdiction and venue
  • JURY INSTRUCTIONS-Supplemental instructions
  • SEARCH AND SEIZURE-Probable cause as to driving uninsured
  • SENTENCING-Fines, fees, and assessments
  • SENTENCING-Maximum terms
  • JUVENILE LAW-Detention as probation sanction
  • CONTEMPT-Terminology in judgment
  • SENTENCING-Maximum terms
→ read the full summaries...

Oregon Supreme Court - July 19, 2018

by: Rankin Johnson IV • July 20, 2018 • no comments

  • SCIENTIFIC EVIDENCE - Grooming
→ read the full summaries...

Oregon Supreme Court - June 28, 2018

by: Rankin Johnson IV • July 17, 2018 • no comments

  • SEARCH WARRANTS - Searches of computers
→ read the full summaries...
« newest ‹ newer 20 ... oldest »