Oregon Appellate Court--January 9, 2019
From OCDLA Library of Defense
< Blog:Case Reviews(Difference between revisions)
by: Rankin Johnson • January 16, 2019 • no comments
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'''SENTENCING - Marijuana use''' | '''SENTENCING - Marijuana use''' | ||
| − | Trial court erred by imposing marijuana prohibition without first finding that defendant | + | Trial court erred by imposing marijuana prohibition without first finding that defendant did not have a medical-marijuana card. Remanded for further proceedings. |
[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21990/download#page=1&zoom=auto State v. Kilgore] 295 Or App 602 (January 9, 2019) (Armstrong) (Yamhill County, Collins) | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21990/download#page=1&zoom=auto State v. Kilgore] 295 Or App 602 (January 9, 2019) (Armstrong) (Yamhill County, Collins) | ||
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'''EVIDENCE - Other-bad-acts''' | '''EVIDENCE - Other-bad-acts''' | ||
| − | Evidence that defendant previously abused the victim's mother was admissible to show sexual purpose. Affirmed. | + | Evidence that defendant previously sexually abused the victim's mother when she was fifteen was admissible to show sexual purpose toward the ten-year-old victim. Affirmed. |
[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21987/download#page=1&zoom=auto State v. Moles] 295 Or App 606 (January 9, 2019) (DeVore) (Marion County, Prall) | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21987/download#page=1&zoom=auto State v. Moles] 295 Or App 606 (January 9, 2019) (DeVore) (Marion County, Prall) | ||
| − | ''' | + | '''THEFT - Theft by selling''' |
| − | + | Attempting to return stolen merchandise for a cash refund is not theft by selling. Reversed. | |
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/ | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21985/download#page=1&zoom=auto State v. Meyer] 295 Or App 632 (January 9, 2019) (Lagesen) (Multnomah County, Rees) |
| − | ''' | + | '''FITNESS FOR TRIAL - Findings of fact''' |
| + | Trial court did not err in believing state's expert and deciding that defendant was fit for trial, notwithstanding evidence that defendant's IQ was between 59 and 65. | ||
| − | + | The Court of Appeals explained that the trial court had sufficient evidence to conclude that defendant understood the proceedings and could communicate with his counsel and make choices in a meaningful way, and it would not re-weigh the evidence. | |
| − | + | The Court of Appeals also decided that an unlawful but fruitless interrogation did not taint an otherwise-lawful interrogation four days later with a proper Miranda waiver. | |
| − | ' | + | The Court of Appeals also held that defendant's life-without-parole sentence was lawful. |
| − | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21986/download#page=1&zoom=auto State v. Ward] 295 Or App 636 (January 9, 2019) (Shorr) (Washington County, Knapp) | |
| − | + | {{wl-publish: 2019-01-16 12:51:53 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson IV }} | |
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Revision as of 13:51, January 17, 2019
Summarized by Rankin Johnson, OCDLA
SENTENCING - Marijuana use
Trial court erred by imposing marijuana prohibition without first finding that defendant did not have a medical-marijuana card. Remanded for further proceedings.
State v. Kilgore 295 Or App 602 (January 9, 2019) (Armstrong) (Yamhill County, Collins)
EVIDENCE - Other-bad-acts
Evidence that defendant previously sexually abused the victim's mother when she was fifteen was admissible to show sexual purpose toward the ten-year-old victim. Affirmed.
State v. Moles 295 Or App 606 (January 9, 2019) (DeVore) (Marion County, Prall)
THEFT - Theft by selling
Attempting to return stolen merchandise for a cash refund is not theft by selling. Reversed.
State v. Meyer 295 Or App 632 (January 9, 2019) (Lagesen) (Multnomah County, Rees)
FITNESS FOR TRIAL - Findings of fact Trial court did not err in believing state's expert and deciding that defendant was fit for trial, notwithstanding evidence that defendant's IQ was between 59 and 65.
The Court of Appeals explained that the trial court had sufficient evidence to conclude that defendant understood the proceedings and could communicate with his counsel and make choices in a meaningful way, and it would not re-weigh the evidence.
The Court of Appeals also decided that an unlawful but fruitless interrogation did not taint an otherwise-lawful interrogation four days later with a proper Miranda waiver.
The Court of Appeals also held that defendant's life-without-parole sentence was lawful.
State v. Ward 295 Or App 636 (January 9, 2019) (Shorr) (Washington County, Knapp)
