Oregon Appellate Ct - Dec 7, 2016
by: Sara Werboff • December 9, 2016 • no comments
State v. Sercus, 282 Or App 633 (2016) (Armstrong, P.J.)
State v. Burk, 282 Or App 638 (2016) (Sercombe, P.J.)
State v. Walraven, 282 Or App 649 (2016) (Egan, J.)
State v. Mendoza, 292 Or App 656 (2016) (Tookey, J.)
State v. Davis, 292 Or App 660 (2016) (Schorr, J.)
Hand Restraint During Trial was Harmless Error - Mills Reversal Not Required Because Venue was Comprehensively Litigated
The court affirms defendant's convictions for multiple counts of aggravated theft. In a bench trial, defendant acknowledged that he had taken money from his girlfriend's elderly mother, but raised legal defenses, including that the state could not prove venue. On the morning of trial, defendant appeared in leg and hand restraints. After an objection, the deputy agreed to release defendant's writing hand so he could communicate with his lawyer. Defendant again objected, but the trial court deferred to the deputies. The court holds that the record does not substantiate the requisite justification for the hand restraint because there was no evidence that defendant posed an immediate or serious risk of committing dangerous or disruptive behavior. However, the court concludes that the error was harmless.
State v. McCright, 282 Or App 692 (2016) (Haselton, S.J.)
Per Curiam - Fines and Fees - Trial Court Erred in Imposing $60 "Mandatory State Amt"
The court reverses the trial court's order that defendant pay a $60 "Mandatory State Amt" because it lacked statutory authority to impose it.
State v. Daggett, 282 Or App 715 (2016) (per curiam)
Per Curiam - State Concedes the Trial Court Erred in Denying Defendant's Suppression Motion
The state concedes that the trial court erred in denying his motion to suppress and, accordingly, defendant was entitled to a reversal in both his trial and his probation revocation proceedings.
State v. Wilson, 282 Or App 717 (2016) (per curiam)
Per Curiam - Legally Insufficient Evidence of Physical Injury
Where the state presented no evidence that defendant caused the complainant a diminishment in the ability to use a body part or a disruption in the normal functioning of a bodily organ, there was insufficient evidence that defendant caused a physical injury for the purposes of fourth-degree assault.
State v. Grant, 282 Or App 719 (2016) (per curiam)
Per Curiam - Civil Commitment - Evidence Was Legally Insufficient
The court accepts the state's concession that the evidence was legally insufficient to support the trial court's determination that appellant was a danger to himself or others and not able to provide for his basic needs.
State v. A.J.E., 282 Or App 721 (2016) (per curiam)
Per Curiam - Civil Commitment - Plain Error Not to Inform Appellant of His Rights
The court concludes that the trial court plainly erred when it failed to inform appellant of his rights under ORS 426.100(1) and exercises its discretion to correct the error.
State v. L.M.H., 282 Or App 723 (2016) (per curiam)
Per Curiam - Juvenile Dependency - Appeal is Moot
Because the juvenile court, in a subsequent order, set aside the guardianship order that mother's appeals from, the appeal is now moot. The court dismisses the appeal.
DHS v. P.M.M., 282 Or App 725 (2016) (per curiam)
Per Curiam - Civil Commitment - Reversal Because Appellant Held for More Than Five Days Without Hearing
The court reverses a civil commitment order because appellant was held for longer than five judicial days without a hearing. Appellant's hearing occurred six days after he was detained. Appellant moved to dismiss as a result, but the trial court denied it, finding that there was good cause for the delay because the trial court's docket was crowded. Although there is a good cause exception to the five-day rule, it is available only when requested by certain parties and only to allow preparation for the hearing.
State v. W.B.R., 282 Or App 727 (2016) (per curiam)
