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


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Oregon Appellate Court – January 3, 2018

by: Mary A. Sofia • January 9, 2018 • no comments

CIVIL COMMITMENT

  • Civil Commitment—Sufficiency of Evidence—Unable to Meet Basic Needs/Danger to Others
  • Civil Commitment—Advice of Rights—Plain Error
CRIMES
  • Crimes—Endangering Welfare of Minor—Plain Error MJOA
EVIDENCE
  • Evidence—OEC 510—Privilege for Identity of a Confidential Informant
SEARCH & SEIZURE
  • Motion to Suppress—Warrantless Seizure—Extension of Traffic Stop
SENTENCING
  • Sentencing—$255 DUII Conviction Fee
→ read the full summaries...

Oregon Appellate Court – December 28, 2017

by: Mary A. Sofia • January 2, 2018 • no comments

APPEALS

  • Appeals—Alternative Basis for Affirmance
CRIMES
  • Crimes—Third-degree assault of an emergency medical services provider—MJOA
CRIMINAL PROCEDURE
  • Criminal Procedure—Variance between pleading and proof
CUSTODIAL INTERROGATION/MIRANDA
  • Custodial Interrogation—Right to Counsel—Invocation & Waiver
EVIDENCE
  • Evidence—Mental Disease or Defect Notice Requirement—Lay Witnesses
  • Evidence—OEC 403—Record of Balancing
JUVENILE DEPENDENCY/JUVENILE DELINQUENCY
  • Juvenile Delinquency—Juvenile Court’s Authority to Modify Disposition
  • Juvenile Dependency—Rational Relationship To Basis for Jurisdiction
PCR/HABEAS CORPUS
  • PCR—Meritless Petition—Appeal
SEARCH & SEIZURE
  • Motion to Suppress—Warrantless Search—Automobile Exception
SENTENCING
  • Sentencing—Restitution—Loss of Use versus Conversion Damages
→ read the full summaries...

Oregon Appellate Court – December 20, 2017

by: Mary A. Sofia • December 27, 2017 • no comments

APPEALS

  • Appellate Review—Jury Instructions
CIVIL COMMITMENT
  • Civil Commitment—Advice of Outcomes—Plain Error
DEFENSES
  • Defenses—Jury Instructions—Choice of Evils/Duress
EVIDENCE
  • Evidence—Vouching—Plain Error
  • Evidence—Jury Instructions—Less Satisfactory Evidence
JUVENILE DEPENDENCY/DELIQUENCY
  • Juvenile Dependency—Active Efforts Determination—Appeal
SEARCH & SEIZURE
  • Motion to Suppress—Warrantless Search—Inventory Exception
  • Motion to Suppress—Warrantless Seizure—Traffic Stop Extension
→ read the full summaries...

Oregon Supreme Court—December 14, 2017

by: Mary A. Sofia • December 20, 2017 • no comments

PCR/HABEAS CORPUS

  • PCR—Inadequate Assistance of Counsel—Inadequate Investigation
→ read the full summaries...

Oregon Appellate Court – December 13, 2017

by: Mary A. Sofia • December 20, 2017 • no comments

CRIMES

  • Rape—Jury Instructions—Plain Error
  • Violation of a Stalking Protective Order—Sufficiency of Evidence
EVIDENCE

Evidence—Prior Bad Acts—Hostile Motive

SENTENCING
  • Sentencing—Restitution—Plain Error
  • Sentencing—Stipulated Sentence—Appellate Review
→ read the full summaries...

Oregon Appellate Court – December 6, 2017

by: Mary A. Sofia • December 11, 2017 • no comments

EVIDENCE

  • Expert Witnesses—Comment on Credibility
PCR/Habeas Corpus
  • PCR—Inadequate Investigation of Penalty-Phase Mitigation Evidence
  • PCR—Trial counsel’s failure to prevent or remedy prosecutor’s impermissible cross-examination prejudiced petitioner
→ read the full summaries...

Oregon Supreme Court—November 30, 2017

by: Mary A. Sofia • December 6, 2017 • no comments

SEARCH & SEIZURE

  • Motion to Suppress—Preservation
→ read the full summaries...

Oregon Appellate Court – November 29, 2017

by: Mary A. Sofia • December 4, 2017 • no comments

APPEALS

  • Appeals—Justiciability—Mootness
CRIMINAL PROCEDURE
  • Criminal Procedure—Setting Aside Record of Arrest—Arrest for Contempt
  • Criminal Procedure—Waiver of Appointed Counsel—Intentional waiver
EVIDENCE
  • Evidence—Expert Testimony—Qualifications of Expert
JUVENILE DEPENDENCY/JUVENILE DELIQUENCY
  • Juvenile Dependency—Motion to Set Aside Guardianship
SEARCH & SEIZURE
  • Motion to Suppress—Attenuation—Preservation
SENTENCING
  • Sentencing—Probation Revocation—Consecutive Incarceration Sanctions
→ read the full summaries...

Oregon Appellate Court – November 22, 2017

by: Mary A. Sofia • November 30, 2017 • no comments

DEFENSES

  • Defenses—Guilty Except for Insanity Defense—Insufficient Evidence

EVIDENCE

  • Evidence—Non-Hearsay—Out-of-court statement identifying defendant as the shooter not statement of identification

JUVENILE DEPENDENCY/JUVENILE DELINQUENCY

  • Juvenile Dependency—Juvenile court’s jurisdiction to continue durable guardianship

SEARCH & SEIZURE

  • Motion to Suppress—Warrantless Search—Scope of Search Incident to Arrest Exception

SENTENCING

  • Sentencing—Resentencing—Increased sentence and scope of remand
  • Sentencing—Compensatory Fine—Plain Error
  • Sentencing—$2,000 Fine for Third DUII, $255 State Obligation, $60 Mandatory State Amount—Plain Error
→ read the full summaries...

Oregon Appellate Court – November 15, 2017

by: Mary A. Sofia • November 21, 2017 • no comments

CRIMES

  • Failure to Report as a Sex Offender—Classification of juvenile adjudication determines whether failure to report is a felony
  • Tampering with Physical Evidence—MJOA—Plain Error

CUSTODIAL INTERROGATION/MIRANDA

  • Custodial Interrogation/Miranda—Compelling Circumstances

EVIDENCE

  • Evidence—ORS 136.444—Corroboration of Accomplice Testimony
  • Evidence—Prior Bad Acts Evidence—Harmless Error
  • Evidence—Vouching—Plain Error

JUVENILE DEPENDENCY/DELIQUENCY

  • Juvenile Delinquency—Sentencing—Conditions of Probation

SEARCH & SEIZURE

  • Motion to Suppress—Warrantless Searches—Record insufficient to establish that blood alcohol dissipation constituted an exigent circumstance

PCR/HABEAS CORPUS

  • PCR—PCR judgment—Remanded for PCR court to fashion relief that will cure petitioner’s actual prejudice
→ read the full summaries...

Oregon Appellate Court – November 8, 2017

by: Mary A. Sofia • November 21, 2017 • no comments

CRIMES

  • Crimes—Theft & Criminal Mischief—Property of an owner
CRIMINAL PROCEDURE
  • Criminal Procedure—Right to Self-Representation—Mid-trial waiver of counsel
EVIDENCE
  • Evidence—Remand for OEC 403 balancing
SEARCH & SEIZURE 
  • Motion to Suppress—Probable Cause of Traffic Violation—Failure to Drive Within a Lane
SENTENCING
  • Sentencing—Restitution—Type of victim for which court may award restitution to health insurer
→ read the full summaries...

Oregon Appellate Court – November 1, 2017

by: Mary A. Sofia • November 9, 2017 • no comments

DEFENSES

  • Defenses—Extreme Emotional Disturbance—Preservation
  • Evidence—OEC 403—Record demonstrates balancing
JUVENILE DEPENDENCY/DELINQUENCY  
  • Juvenile Dependency—Jurisdictional Judgment—Evidentiary Bases
  • Juvenile Dependency—Required Findings—Absence of Findings Not Plain Error
  • Juvenile Dependency—Jurisdiction—Scope of jurisdictional bases
PAROLE/PPS
  • Parole—Evidence—Mitigating Evidence Relevant in Juvenile Offender Parole-Release-Date Hearing
PCR/ HABEAS CORPUS
  • PCR—Contents of Judgment—Admissibility of evidence on retrial not a proper subject of PCR judgment
SEARCH & SEIZURE
  • Motion to Suppress—Preservation—Sufficiency of one-page motion
  • Motion to Suppress—Warrantless Seizure—Officers lacked probable cause to arrest defendant after officer safety concerns dissipated
  • Motion to Suppress—Warrantless Search and Seizure—Officer Safety, Voluntary Consent, Emergency-Aid, and School Safety Exceptions
SENTENCING
  • Sentencing—Fines and Fees—DUII conviction fee not included within statutory maximum fine for Class A misdemeanor
  • Sentencing—Fines and Fees—Error to impose premarked $255 DUII conviction fee on form judgment
  • Sentencing—Fines and Fees--Plain error to impose court-appointed attorney where record silent as to defendant ability to pay
→ read the full summaries...

Oregon Appellate Court – October 25, 2017

by: Msell@mpdlaw.com • October 30, 2017 • one comment

CRIMINAL PROCEDURE

  • Criminal Procedure—Concurrence Instruction—Plain Error
EVIDENCE
  • Evidence—Witness-False-in-Part Instruction
  • Evidence—Remand for OEC 403 balancing
  • Evidence—Relevance—Evidence of Acquittal
JUVENILE DEPENDENCY/JUVENILE DELINQUENCY
  • Juvenile Delinquency—Third-degree Assault—Sufficiency of Evidence
SEARCH & SEIZURE
  • Motion to Suppress—Warrantless Searches—Abandonment of Privacy Right
  • Motion to Suppress—Issue Preclusion—Relitigating suppression in another jurisdiction
  • Motion to Suppress—Right Against Self-Incrimination—Invocation and Waiver
→ read the full summaries...

Oregon Appellate Court-- Oct 19, 2017

by: Msell@mpdlaw.com • October 25, 2017 • no comments

[edit] OREGON COURT OF APPEALS

CRIMES
  • Stalking Protective Order—Sufficiency of Evidence
  • Witness Tampering—Sufficiency of Evidence
CRIMINAL PROCEDURE
  • Criminal Procedure—Improper Joinder
PCR/HABEAS CORPUS
  • PCR—Inadequate Assistance of Counsel—Vouching
SEARCH & SEIZURE
  • Motion to Suppress—Probable Cause of Traffic Violation—Failure to Drive Within a Lane
SENTENCING 
  • Sentencing—Subcategory Facts—Timing of Submission to Jury
→ read the full summaries...

Oregon Supreme Court-- Oct 19, 2017

by: Msell@mpdlaw.com • October 25, 2017 • no comments

[edit] OREGON SUPREME COURT

EVIDENCE
  • Evidence—Right to Confrontation—Witness Unavailability
PCR/HABEAS CORPUS
  • PCR—Dismissal of Meritless Petition—Appellate Review
→ read the full summaries...

Oregon Appellate Court – October 11, 2017

by: Msell@mpdlaw.com • October 13, 2017 • no comments

EVIDENCE

  • Evidence—Insanity Defense—Timeliness of Notice
SENTENCING
  • Sentencing—Negotiated Plea Agreements—Trial Court’s Authority to Depart
→ read the full summaries...

Oregon Appellate Court--October 4, 2017

by: Msell@mpdlaw.com • October 6, 2017 • no comments

CIVIL COMMITMENT

  • Civil Commitment—Advice of Outcomes—Plain Error
  • Civil Commitment—Advice of Rights—Plain Error
EVIDENCE
  • Evidence—OEC 403—Sufficiency of record for appellate review
JUVENILE DEPENDENCY/DELIQUENCY
  • Juvenile Delinquency—Sentencing—Conditions of Probation
SENTENCING 
  • Sentencing—Restitution—CARES evaluation
→ read the full summaries...

Oregon Appellate Court – Sept 27, 2017

by: Msell@mpdlaw.com • October 2, 2017 • no comments

CRIMES/CONTEMPT

  • Violating a Stalking Protective Order—MJOA
  • DUII—Attempted DUII instruction
PCR/HABEAS CORPUS
  • Post Conviction Relief—Statute of Limitations—Two-year limitation period applies to successive petitions
SEARCH & SEIZURE
  • Motion to Suppress—Lost property exception—Officer lacked objectively reasonable belief that cell phone was lost
SENTENCING
  • Compensatory Fine—Plain Error
  • $2,000 Fine for Third DUII—Plain Error
  • Merger—Notice of "sufficient pause
  • Merger—Felon in possession of a firearm--Plain Error
→ read the full summaries...

Oregon Appellate Court--September 20, 2017

by: Msell@mpdlaw.com • September 26, 2017 • no comments

CRIMES/CONTEMPT

  • Failure to Report as a Sex Offender – Classification of offense underlying juvenile adjudication determines whether failure to report is a misdemeanor or felony
EVIDENCE
  • Evidence—Affirmative Defense of Extreme Emotional Disturbance
PAROLE/PPS
  • Parole & Post-Prison Supervision—Substantial Evidence—Ex Post Facto
SEARCH & SEIZURE
  • Search & Seizure—Automobile Exception—Connection with a crime
  • Search & Seizure—Reasonable Suspicion—Suspicion of DUII diversion violation not a lawful basis to stop
  • Search & Seizure—Search—Warrantless testing that exceeds scope of third-party search unlawful
→ read the full summaries...

Oregon Appellate Court--September 13, 2017

by: Msell@mpdlaw.com • September 26, 2017 • no comments

[edit] OREGON SUPREME COURT

SEARCH & SEIZURE
  • Motion to Suppress—Stop – Youth was stopped by show of authority
SENTENCING
  • Sentencing—Probation/PPS Violation

[edit] OREGON COURT OF APPEALS

CRIMES/CONTEMPT
  • Hindering Prosecution—MJOA—Sufficient evidence to prove defendant knowingly “concealed” a person
  • Search and Seizure—Probable Cause—Officer had probable cause to believe that defendant had committed crime of hindering of prosecution
EVIDENCE
  • Evidence—Vouching
  • Sentencing—Statutory maximum sentence
JUVENILE DEPENDENCY/DELINQUENCY
  • Juvenile Dependency – Court erred in changing permanency plan based on facts extrinsic to court’s jurisdiction
PAROLE/PPS
  • Parole & Post-Prison Supervision—Substantial Evidence and Substantial Reason
PCR/Habeas Corpus
  • Post-Conviction Relief—“Suitability” of PCR Counsel—Trial court abused its discretion in denying substitution of counsel based on incorrect understanding of counsel’s duties following a Church motion
  • Post-Conviction Relief—Statute of Limitations—Evidence that grounds for PCR could not reasonably be raised in original or amended petitions sufficient to survive summary judgment under escape clause to two-year limitations statute'
→ read the full summaries...
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