Oregon Appellate Court, June 26, 2019

Revision as of 17:22, July 5, 2019

Summarized by Rankin Johnson, OCDLA

SENTENCING - Money judgment in connection with prison term

Trial court did not plainly err in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay; the Court of Appeals presumes that the clerk will act lawfully in enforcing monetary obligation. Affirmed.

State v. Saunders 298 Or App 291 (June 26, 2019) (Ortega) (Multnomah County, Wittmayer)

EVIDENCE - Homeowner's exception to ban on surreptitious recording

Statute permitting 'subscribers' surreptitiously to record conversations in their homes and rendering such recordings admissible applied to the recording in this case. Affirmed.

Defendant was accused of sex offenses against his niece-in-law. She stayed with him sometimes and had a room in his house. She used an iPhone that did not have an active subscription to record a conversation with him, and that conversation was offered in evidence against him.

Under a 1956 law, Such recordings are inadmissible unless made by "subscribers or their families."

State v. Evensen 298 Or App 294 (June 26, 2019) (Hadlock) (Josephine County, Wolke)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)

XXX - Money judgment in connection with prison term

Trial court plainly erred in imposing financial obligations that were enforceable when the defendant was in prison without finding a present ability to pay. Reversed and remanded.

State v. XXX 298 Or App XXX (June 26, 2019) (XXX) (XXX County, XXX)