Oregon Appellate Court, November 25, 2020
by: Rankin Johnson • November 30, 2020 • no comments
Summarized by Rankin Johnson, OCDLA
FAPA AND STALKING ORDERS - Reasonable apprehension
Unobserved theft from petitioner's truck, and random encounter with respondent in a parking lot, did not cause petitioner to experience reasonable apprehension of former romantic partner. Reversed.
The court explained that counsel's oversight was not an adequate reason to deny defendant the right to testify.
M.W.V.H. v. Van Hoff 307 Or App 620 (November 25, 2020) (Shorr) (Benton County, Barlow)
DUII - Ignition interlock device
State's appeal. Regardless of whether defendant drove during the diversion period, an IID must be installed for 90 days without a negative report in order to have the IID requirement removed. Reversed.
State v. Drumbor/Day 307 Or App 630 (November 25, 2020) (Powers) (Multnomah County, Rees)
DEFENDANT'S TESTIMONY - Trial court's discretion
Trial court abused discretion by precluding defendant from testifying about second incident following direct and cross-examination about first incident. Reversed.
The court explained that counsel's oversight was not an adequate reason to deny defendant the right to testify.
State v. XXX 307 Or App XXX (November 25, 2020) (XXX) (XXX County, XXX)
DEFENDANT'S TESTIMONY - Trial court's discretion
Trial court abused discretion by precluding defendant from testifying about second incident following direct and cross-examination about first incident. Reversed.
The court explained that counsel's oversight was not an adequate reason to deny defendant the right to testify.
State v. XXX 307 Or App XXX (November 25, 2020) (XXX) (XXX County, XXX)
DEFENDANT'S TESTIMONY - Trial court's discretion
Trial court abused discretion by precluding defendant from testifying about second incident following direct and cross-examination about first incident. Reversed.
The court explained that counsel's oversight was not an adequate reason to deny defendant the right to testify.
State v. XXX 307 Or App XXX (November 25, 2020) (XXX) (XXX County, XXX)
