Oregon Appellate Ct - Jan 25, 2017

Revision as of 14:33, February 5, 2017

Smith v. Dept of Corrections, 283 Or App 425 (2017) (Ortega, P.J.)

State v. Rives, 283 Or App 431 (2017) (Ortega, P.J.)

State v. Haines, 283 Or App 444 (2017) (Ortega, P.J.)

Self-Incrimination -

The court reverses defendant's contempt judgments because the trial court erred in finding defendant in contempt for invoking his Fifth Amendment privilege against self-incrimination and refusing to testify to his identity. The state brought charges in six different cases for differently named individuals but contended that all were defendant. The trial court ordered defendant to testify under oath to his name for each case. Defendant gave his name in the first case, but then refused to answer in the subsequent cases, invoking the Fifth Amendment. The trial court summarily found defendant in contempt and sentenced him to 60 days of jail.

The court first concludes that the case is not moot because defendant served a term of confinement as a punitive sanction. The court then concludes that defendant did not waive his Fifth Amendment rights by testifying to his identity in the first case, noting that defendant did not make a choice to testify but that the trial court overruled his Fifth Amendment objection and ordered him to testify. Finally, the court concludes that defendant's Fifth Amendment rights were violated because the trial court ordered him to testify against himself in the criminal cases against him. Defendant's identification would have tended to incriminate him in cases where identity was an issue and where the trial court also threatened to bring charges for "using false names."

State v. Martinez-Garcia, 283 Or App 473 (2017) (Lagesen, J.)

Per Curiam -

The court accepts the state's concession that there was insufficient evidence in support of a criminal forfeiture judgment because there was no evidence connecting the cash seized from defendant when he was arrested to unlawful delivery of heroin.

State v. McWoodson, 283 Or App 482 (2017) (per curiam)

Per Curiam -

The court accepts the state's concession that the trial court plainly erred in imposing $240 in attorney fees where the record is silent as to defendant's ability to pay and exercises its discretion to correct the error because the amount was substantial in light of defendant's family obligations and circumstances.

State v. Lea, 283 Or App 484 (2017) (per curiam)

Per Curiam -

The court accepts the state's concession that the trial court erred when it stopped recording the civil commitment proceeding after appellant was advised of his rights and was questioned about his understanding of what was occurring.

State v. R.N.J., 283 Or App 486 (2017) (per curiam)

Per Curiam - Court Erroneously Included "Constituting Domestic Violence" in Judgment - Attorney Fees

The court accepts the state's concession that the judgment in this case erroneously included the phrase "constituting domestic violence" in light of the parties' stipulation not to pursue that element. The court also accepts the state's concession that the trial court plainly erred in imposing court-appointed attorney fees and exercises its discretion to correct the error.

State v. Neighbors, 283 Or App 488 (2017) (per curiam)

Per Curiam - State Concedes that Evidence Derived from Unlawful Stop

The court accepts the state's concession that evidence derived from an unlawful extension of a traffic stop should have been suppressed.

State v. Lyons, 283 Or App 490 (2017) (per curiam)