Oregon Appellate Court, December 9, 2020
by: Rankin Johnson • December 15, 2020 • no comments
Summarized by Rankin Johnson, OCDLA
SENTENCING - Consecutive probation sanctions
Revocation sentences for a single supervision violation must be concurrent. Reversed.
The court also held that, while stipulated sentences are not reviewable, an agreement that each party can argue for a sentence is not a 'stipulation' under that rule.
State v. Rusen 307 Or App 759 (December 9, 2020) (Lagesen) (Linn County, McHill)
STALKING AND FAPA ORDERS - Sufficiency
Respondent's false allegations directed against petitioner did not give rise to well-founded apprehension for petitioner's personal safety. Reversed.
B.M. v. Deaton 307 Or App 763 (December 9, 2020) (Lagesen) (Douglas County, Simmons)
DOUBLE JEOPARDY - Manifest necessity
Jeopardy represented by stipulated-facts trial was 'terminated' on state's motion, permitting retrial, because defendant did not tender a written waiver of jury trial. Affirmed.
The parties reached a settlement including a stipulated-facts trial, but, in the course of
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
PRESERVATION - Invited error
Trial counsel's express waiver of restitution objection precluded plain-error review. Affirmed.
State v. XXX 307 Or App XXX (December 9, 2020) (XXX) (XXX County, XXX)
