Oregon Appellate Court, November 24, 2021

by: Rankin Johnson • November 27, 2021 • no comments

Summarized by Rankin Johnson, OCDLA

SENTENCING - Restitution
Importance: 3/5

After defendant was convicted of criminal-mischief for kicking the victim's car, sentencing court did not err in finding that defendant dented the car and imposing restitution accordingly. Affirmed.

Defendant admitted that he 'scuffed' the car and denied denting it, and the jury verdict did not distinguish between the two theories.

State v. Lile 315 Or App 714 (November 24, 2021) (Egan) (Curry County, Margolis)

SEARCH AND SEIZURE - Voluntariness
Importance: 2/5

Consent to buccal swab was not invalidated by improper coercion after consent but before swab was performed. Affirmed.

Defendant was questioned by his caseworker and a detective. The caseworker improperly threatened to interfere with defendant's custody of his son, but the threat did not render defendant's consent involuntary.

State v. Tate 315 Or App 751 (November 24, 2021) (Ortega) (Linn County, Bispham)

ASSAULT - Substantial pain
Importance: 2/5

Evidence that defendant punched an 86-year-old dementia sufferer, leaving a deep bruise on her face, was sufficient to prove she suffered substantial pain. Affirmed.

State v. Sanchez 315 Or App 765 (November 24, 2021) (Tookey) (Lincoln County, Bachart)

SEARCH AND SEIZURE - Stop and arrest
Importance: 3/5

Taking defendant from a parked car into a house being searched pursuant to a warrant was an arrest, not a stop, and was not supported by probable cause. Reversed.

The court noted that defendant had been handcuffed, although the record did not say for how long, and was questioned repeatedly.

State v. Madden 315 Or App 787 (November 24, 2021) (Shorr) (Lane County, Holland)