Oregon Appellate Court, September 18, 2019
From OCDLA Library of Defense
< Blog:Case Reviews(Difference between revisions)
by: Rankin Johnson • September 18, 2019 • no comments
| Line 1: | Line 1: | ||
| − | + | <summary hidden> | |
| − | + | TRIAL PROCEDURE - Motions to correct judgment | |
| + | RESTITUTION - Restitution and insurance | ||
| + | SEARCH AND SEIZURE - Intoxication and reasonable suspicion | ||
| + | SEARCH AND SEIZURE - Inventory | ||
| + | DUII - FSTs and Rohrs admonishment | ||
| + | CIVIL COMMITMENT - Service of process | ||
| + | |||
| + | '''Summarized by Rankin Johnson, OCDLA''' | ||
| + | |||
| + | '''SENTENCING - Restitution''' | ||
| + | |||
| + | Evidence that the Crime Victims Restitution Fund paid a medical bill did not establish that the bill was reasonable, and accordingly the court erred by imposing restitution. Reversed and remanded. | ||
| + | |||
| + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24813/download#page=1&zoom=auto State v. J.M.E.] 299 Or App 483 (September 18, 2019) (DeHoog) (Marion County, Strauch) | ||
| + | |||
| + | '''APPELLATE PROCEDURE - Mootness''' | ||
| + | |||
| + | Defendant's appeal, challenging conditions of probation, was moot because his probation had expired. Dismissed. | ||
| + | |||
| + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24805/download#page=1&zoom=auto State v. Gentle] 299 Or App 508 (September 18, 2019) (Per curiam) (Lake County, Nichols) | ||
| + | |||
| + | '''SENTENCING - Marijuana and probation conditions''' | ||
| + | |||
| + | Probation forbidding defendant from seeking medical marijuana card was improperly added after sentencing. Reversed and remanded. | ||
| + | |||
| + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24811/download#page=1&zoom=auto State v. Miller] 299 Or App 515 (September 18, 2019) (Per curiam) (Clackamas County, Rastetter) | ||
| + | |||
| + | '''SENTENCING - Marijuana and probation conditions''' | ||
| + | |||
| + | Probation forbidding defendant from seeking medical marijuana card was improperly added after sentencing. Reversed and remanded. | ||
| + | |||
| + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/24811/download#page=1&zoom=auto State v. Jackson] 299 Or App 518 (September 18, 2019) (Per curiam) (Washington County, Fun) | ||
