Oregon Appellate Ct - Aug 24, 2016

Revision as of 19:53, August 26, 2016

Court-Appointed Attorney Fees - Preservation - Per Curiam

The trial court erred in imposing court-appointed attorney fees when the record was silent as to defendant's ability to pay. In this case, the trial court did not announce during sentencing that it would impose attorney fees, and the order appeared for the first time in the judgment, accordingly, preservation was not required.

State v. Walker, 280 Or App 388 (2016) (per curiam)

Civil Commitment - Insufficient Evidence that Appellant Could Not Meet Basic Needs - Per Curiam

The state concedes that the evidence did not support a determination that appellant was unable to meet her basic needs in a way that would result in an imminent, non-speculative threat to her survival.

State v. S.M., 280 Or App 390 (per curiam)

Civil Commitment - Trial Court's Failure to Advise of Rights - Per Curiam

The trial court's failure to advise appellant of her rights under ORS 426.001(1) was plain error. The court exercises its discretion to correct the error after considering the nature of the civil commitment proceedings, the gravity of the violation, the ends of justice, and the lack of harmless error.

State v. T.L.H., 280 Or App 392 (2016) (per curiam)