Oregon Appellate Cases - Sept. 10, 2014
by: Abassos and Francis Gieringer • September 10, 2014 • no comments
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Stalking Order - Qualifying Contacts - Alarm and Apprehension | Stalking Order - Qualifying Contacts - Alarm and Apprehension | ||
Revision as of 14:54, September 11, 2014
Stalking Order - Qualifying Contacts - Alarm and Apprehension
Throwing a plastic toy and angrily yelling and lunging qualify as contacts for the purpose of a stalking protective order when seen in the context of a past relationship involving violence. That is, petitioner's alarm and apprehension were objectively reasonable. And the fact that she called the police and testified that she was shaken up established her subjective alarm and apprehension. CJR v Fleming,
A Pretrial Affidavit Waives Self-Incrimination for the Contents of the Affidavit
The filing of a pretrial affidavit in support of a motion in limine waives the right against self-incrimination as to the contents of the affidavit. Here, defendant filed an affidavit supporting his collateral attack on a predicate conviction in a DUII case. The affidavit said that he had not knowingly waived his right to counsel or been advised by the judge of the dangers of proceeding pro se. The state had a right to cross-examine the defendant, in limine, as to the contents of the affidavit. State v Strickland,
