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Go here to see a list of:
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--February 28,2019

EVIDENCE — Hearsay, official records, and business records. Records generated by police agencies are not admissible as business records but may be admissible as official records. Reversed and remanded for new trial. State v. Edmonds 364 Or 410 (February 28, 2019) (Balmer) (Clackamas County, Van Dyk)

FAILURE TO APPEAR — 'Released from custody' element of offense A book-and-release process ordered by a judge is not 'custody,' as that term is used in the failure-to-appear statutes, and therefore the court erred in denying a motion for judgment of acquittal. Reversed. State v. McColly 364 Or 464 (February 28, 2019) (Nelson) (Tillamook County, Stevens)

POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was advised of potential immigration consequences at the time of his plea, and therefore his ignorance of those consequences did not toll the statute of limitations. Affirmed. The court also noted that the record raised the issue of whether the petitioner's mental disabilities were a basis to toll the statute of limitations. But, because petitioner alleged, in a declaration attached to the petition, that he would not have pleaded guilty if he had known the immigration consequences, the court held that he was mentally competent to understand the significance of immigration consequences. The court further noted that the evidence of defendant's mental disabilities did not show that it prevented him from consulting with counsel or timely filing a petition. Perez-Rodriguez v. State 364 Or 489 (February 28, 2019) (Nelson, Balmer dissenting) (Washington County, Kohl)

POST-CONVICTION RELIEF — Statute of limitations escape clause Post-conviction petitioner was unaware of potential immigration consequences until he was placed in deportation proceedings, by which time the post-conviction statute of limitations had expired, and therefore the statute of limitations was tolled. Reversed and remanded. The court explained that, because neither the court nor defense counsel told petitioner of the possibility of immigration consequences, a reasonable layperson in petitioner's position would have had no reason to investigate or consult with counsel. The resulting rule is similar to the civil discovery rule for tolling a statute of limitations. Balmer dissented, arguing that petitioner had all the facts necessary to his claim. Balmer would have held that the petitioner's legal ignorance did not make his failure to seek counsel reasonable. Gutale v. State 364 Or 502 (February 28, 2019) (Nelson) (Washington County, Bailey)

Oregon Appellate Court--March 13, 2019

by: Rankin Johnson IV • March 21, 2019 • no comments

IDENTITY THEFT - Using another person's PIN in jail WAIVER - Waiver induced by fear of death penalty

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Oregon Supreme Court - February 28, 2019

by: Rankin Johnson IV • March 12, 2019 • no comments

EVIDENCE — Hearsay, official records, and business records. FAILURE TO APPEAR — 'Released from custody' element of offense POST-CONVICTION RELIEF — Statute of limitations escape clause

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Oregon Appellate Court--February 21, 2019

by: Rankin Johnson IV • February 25, 2019 • no comments

PROBATION - Authority of probation officer CIVIL COMMITMENT - Results of recommitment APPEAL AND REVIEW - Appeal from municipal court PARTIAL RESPONSIBILITY - Jury instructions JUVENILE DELINQUENCY - Permissible probation terms

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Oregon Appellate Court--February 13, 2019

by: Rankin Johnson IV • February 15, 2019 • no comments

RIGHT TO PRESENCE AT TRIAL - Conduct constituting waiver SELF-INCRIMINATION - Equivocal invocation MENTAL STATES - knowledge required for possession of methamphetamine conviction

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Oregon Appellate Court--January 30, 2019

by: Rankin Johnson IV • February 12, 2019 • no comments

SPEEDY TRIAL - Time excluded from calculation THEFT - Theft by receiving SENTENCING - Trial penalty

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Oregon Supreme Court - January 31, 2019

by: Rankin Johnson IV • February 2, 2019 • no comments

CONSTITUTIONAL LAW — Statutes reducing sentencing laws adopted by referendum RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver

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Oregon Appellate Court--January 24, 2019

by: Rankin Johnson IV • January 29, 2019 • no comments

SEARCH AND SEIZURE - Basis to extend stop

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Oregon Appellate Court--January 9, 2019

by: Rankin Johnson IV • January 16, 2019 • no comments

SENTENCING - Marijuana use EVIDENCE - Other-bad-acts THEFT - Theft by selling FITNESS FOR TRIAL - Findings of fact

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Oregon Appellate Court--January 3, 2019

by: Rankin Johnson IV • January 8, 2019 • no comments

FINES, FEES, AND COSTS - Ability to pay APPEAL AND REVIEW - Proceedings on remand SEARCH AND SEIZURE - Officer safety

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Oregon Appellate Court--December 19, 2018

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

APPEAL AND REVIEW - Motions to correct the judgment POST-CONVICTION RELIEF - Natural-and-probable-consequences instruction SENTENCING - Merger

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Oregon Supreme Court - December 13, 2018

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

SEARCH AND SEIZURE — Property held by third parties RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver

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Oregon Appellate Court--December 5, 2018

by: Rankin Johnson IV • December 14, 2018 • no comments

SEARCH AND SEIZURE - Officer safety EVIDENCE - 403 Balancing POST-CONVICTION - Bases for relief EVIDENCE - Hearsay SENTENCING - Restitution EXPUNCTION - Expunction of juvenile records CIVIL COMMITMENT - Proof of dangerousness INTERFERING WITH A PEACE OFFICER - Interfering with the performance of peace officer's duties TRIAL PROCEDURE - Bench trials SEARCH AND SEIZURE - Basis to stop SENTENCING - Supervision conditions INTERFERING WITH A PEACE OFFICER - Passive resistance CONTEMPT - Judgment

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Oregon Supreme Court - December 6, 2018

by: Rankin Johnson IV • December 11, 2018 • no comments

SELF-INCRIMINATION — Voluntariness DOUBLE JEOPARDY — Inchoate and completed crimes SEARCH AND SEIZURE — Traffic stops TRIAL PROCEDURE — Joinder SELF-INCRIMINATION — Voluntariness

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Oregon Appellate Court--November 28, 2018

by: Rankin Johnson IV • December 1, 2018 • no comments

APPEALS - Plain error APPEALS - Law of the case SENTENCING - Financial obligations SELF-INCRIMINATION - Invocation of right to remain silent SENTENCING - Permissible sentencing conditions SENTENCING - Merger

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Oregon Appellate Court--November 21, 2018

by: Rankin Johnson IV • November 26, 2018 • no comments

APPEALS - Preservation ROBBERY - Delay between theft and threat of force MIRANDA - Right to counsel on related charges SENTENCING - Revocation sentences EVIDENCE - Other-bad-acts SENTENCING - Sentence-reduction programs SENTENCING - Revocation sentences

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Oregon Appellate Court--November 15, 2018

by: Rankin Johnson IV • November 18, 2018 • no comments

SEARCH AND SEIZURE - Police conduct constituting a stop TRESPASSING - Adequacy of exclusion notice APPEAL AND REVIEW - Harmlessness

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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

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Oregon Appellate Court--October 31, 2018

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

SEARCH AND SEIZURE - Officer safety PROBATION - Medical-marijuana prohibition SENTENCING - Sentences in excess of M11 minima SEARCH AND SEIZURE - Failure to carry/present license EVIDENCE - Experts SEARCH AND SEIZURE - Officer safety APPEAL AND REVIEW - Preservation

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Oregon Appellate Court--October 24, 2018

by: Rankin Johnson IV • October 24, 2018 • no comments

SEARCH AND SEIZURE - Conduct constituting a stop DUII - Statutory counterparts

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