Oregon Appellate Court, December 2, 2020

by: Rankin Johnson • December 4, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

PRESERVATION - Invited error

Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.

State v. McKerrall 307 Or App 682 (December 2, 2020) (Armstrong) (Yamhill County, Wiles)

UNLAWFUL USE OF A WEAPON - Mens rea

Shooting one person did not constitute UUW as to another person, because there was insufficient evidence to prove intent to use the firearm against the other person. Reversed.

State v. Garibay 307 Or App 722 (December 2, 2020) (Aoyagi) (Marion County, Prall)

SEARCH AND SEIZURE - No-trespassing signs

No-trespassing sign on gate in front of abandoned house did not prohibit visiting a neighboring house through neighboring latched gate, notwithstanding that both gates were in the same fence. Reversed on state's appeal.

State v. Faught 307 Or App 733 (December 2, 2020) (Powers) (Lane County, Holland)

SEARCH AND SEIZURE - Expansion of stop

Officer's skepticism regarding defendant's four-year-old consular ID, which had defendant's picture on it, was not a basis to seek consent to search defendant for evidence of identity during traffic stop. Reversed.

State v. Ruiz-Espinoza 307 Or App 743 (December 2, 2020) (Hadlock) (Lane County, Mertenk)

CIVIL COMMITMENT - Timing of hearing

When respondent was held for five judicial days without a hearing, trial court erred by holding a hearing and issuing a commitment order. Reversed.

The court explained that a series of holds, even with new case numbers as in this case, does not affect the requirement that a hearing be held before five days of confinement.

State v. M.Z. 307 Or App 755 (December 2, 2020) (Per curiam) (Benton County, Williams)