Oregon Appellate Court, August 7, 2019
by: Rankin Johnson • September 3, 2019 • no comments
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[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24447/download#page=1&zoom=auto State v. Phillips] 298 Or App 743 (August 7, 2019) (Ortega) (Marion County, James) | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24447/download#page=1&zoom=auto State v. Phillips] 298 Or App 743 (August 7, 2019) (Ortega) (Marion County, James) | ||
| − | ''' | + | '''SEARCH AND SEIZURE - Reasonable suspicion''' |
| − | + | Defendant matched description of suspect as reported by witness, and accordingly stop was justified. Reversed on state's appeal. | |
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/ | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24458/download#page=1&zoom=auto State v. Brown] 298 Or App 771 (August 7, 2019) (Tookey) (Washington County, Wipper) |
| − | ''' | + | '''STALKING AND PROTECTIVE ORDERS - Sufficiency''' |
| − | + | Giving gifts and coffee to the petitioner did not give rise to a well-founded fear for her safety. Reversed. | |
| − | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24452/download#page=1&zoom=auto L.M.B v. Cohn] 298 Or App 782 (August 7, 2019) (Tookey) (Washington County, Sims) | |
| − | + | '''STALKING AND PROTECTIVE ORDERS - Mens rea''' | |
| − | + | If defendant did not read restraining order documents before calling petitioner and did not know the order existed, he was not guilty of contempt. Reversed and remanded. | |
| − | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24462/download#page=1&zoom=auto State v. Heal] 298 Or App 806 (August 7, 2019) (Per Curiam) (Washington County, Thompsen) | |
| − | + | '''EVIDENCE - Mens rea and mental illness''' | |
| − | + | Defendant was entitled to offer evidence that she called 911 because, while having a dissociative episode, she believed she was experiencing an emergency. Reversed and remanded. | |
| − | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24445/download#page=1&zoom=auto State v. White] 298 Or App 812 (August 7, 2019) (Per Curiam) (Washington County, Cobb) | |
| − | + | '''SEARCH AND SEIZURE - Duration of traffic stop''' | |
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| + | Request to search unlawfully extended traffic stop. Reversed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/ | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24468/download#page=1&zoom=auto State v. Darby] 298 Or App 815 (August 7, 2019) (Per Curiam) (Jackson County, Barnack) |
'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
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'''XXX AND SEIZURE - Duration of traffic stop''' | '''XXX AND SEIZURE - Duration of traffic stop''' | ||
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Questioning about drugs took place during an unavoidable lull. Affirmed. | Questioning about drugs took place during an unavoidable lull. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) ( | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/XXX/download#page=1&zoom=auto State v. XXX] 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX) |
Revision as of 14:25, September 4, 2019
Summarized by Rankin Johnson, OCDLA
EVIDENCE - Impeachment with prior false accusations
Proffered evidence about victim's prior false accusations properly excluded as confusing. Affirmed.
State v. Doyle 298 Or App 712 (August 7, 2019) (Ortega) (Lane County, McIntyre)
APPEALS - Preservation
Defendant did not preserve argument that the state implicitly elected a specific prosecution theory. Affirmed.
State v. Steele 298 Or App 725 (August 7, 2019) (Ortega) (Crook County, Hillman)
EVIDENCE - Impeachment with prior conviction
2011 conviction, following reversal of 1994 conviction, was within 15 years for purposes of impeachment. Affirmed.
State v. Phillips 298 Or App 743 (August 7, 2019) (Ortega) (Marion County, James)
SEARCH AND SEIZURE - Reasonable suspicion
Defendant matched description of suspect as reported by witness, and accordingly stop was justified. Reversed on state's appeal.
State v. Brown 298 Or App 771 (August 7, 2019) (Tookey) (Washington County, Wipper)
STALKING AND PROTECTIVE ORDERS - Sufficiency
Giving gifts and coffee to the petitioner did not give rise to a well-founded fear for her safety. Reversed.
L.M.B v. Cohn 298 Or App 782 (August 7, 2019) (Tookey) (Washington County, Sims)
STALKING AND PROTECTIVE ORDERS - Mens rea
If defendant did not read restraining order documents before calling petitioner and did not know the order existed, he was not guilty of contempt. Reversed and remanded.
State v. Heal 298 Or App 806 (August 7, 2019) (Per Curiam) (Washington County, Thompsen)
EVIDENCE - Mens rea and mental illness
Defendant was entitled to offer evidence that she called 911 because, while having a dissociative episode, she believed she was experiencing an emergency. Reversed and remanded.
State v. White 298 Or App 812 (August 7, 2019) (Per Curiam) (Washington County, Cobb)
SEARCH AND SEIZURE - Duration of traffic stop
Request to search unlawfully extended traffic stop. Reversed.
State v. Darby 298 Or App 815 (August 7, 2019) (Per Curiam) (Jackson County, Barnack)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
XXX AND SEIZURE - Duration of traffic stop
Questioning about drugs took place during an unavoidable lull. Affirmed.
State v. XXX 298 Or App XXX (August 7, 2019) (Per curiam) (XXX County, XXX)
