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Oregon Appellate Ct - Nov 9, 2016

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by: Sara Werboff • November 11, 2016 • no comments


Burglary - Identity Theft - Defendant Entitled to MJOA for Failure to Prove Trespass for Burglary and State Failed to Prove Venue for ID Theft


State v. Berndt, 281 Or App 73 (2016) (Armstrong, P.J)


Jury Instructions - Instruction on Forcible Compulsion was Plain Error but Did Not Warrant Reversal


State v. Waldbillig, 281 Or App 84 (2016) (Ortega, P.J.)



Vindictive Sentencing - Sentence Vindictive When Trial Court Imposed Harsher Sentence for Exercising Right to Trial


State v. Robledo, 281 Or App 96 (2016) (Egan, J.)



Appeal and Review - Court Had Jurisdiction Over Appeal But Claim Was Unreviewable


State v. Silsby, 281 Or App 104 (2016) (Lagesen, P.J.)


Post-Conviction Relief - Counsel Not Ineffective for Failing to Let Petitioner Plea to Misdemeanor


Eby v. Premo, 281 Or App 114 (2016) (Lagesen, P.J.)


Pro Se Defendant Did Not Validly Waive by Misconduct his Right to Representation


State v. Lacey, 281 Or App 123 (2016) (Lagesen, J.) (Garrett, J., dissenting)


Vindictive Sentencing - Double Jeopardy - Vouching Issues - Remanding for Resentencing but Otherwise Affirming Convictions


State v. Criswell, 281 Or App 146 (2016) (Garrett, J.)


Vouching - Miranda - Detective's Statements to Defendant During Interrogation Were Not Vouching and No Miranda Violation for Statements Made to DHS


[http://www.publications.ojd.state.or.us/docs/A153009.pdf State v. Codon, 281 Or App 165 (2016) (Garrett, J.)


Civil Commitment - Appellant Was Not a Danger to Others and Could Provide Basic Needs


State v. S.P. 281 Or App 177 (2016) (Garrett, J.)


Per Curiam - Reversing Attorney Fee Award


State v. Hagstrom, 281 Or App 188 (2016) (per curiam)


Per Curiam - Evidence Legally Insufficient for Civil Commitment


State v. R.P.P., 281 Or App 190 (2016) (per curiam)


Per Curiam - Under Previous Version of Civil Commitment Statute Evidence is Legally Insufficient


State v. S.L., 281 Or App 192 (2016) (per curiam)

State v. J.L., 281 Or App 195 (2016) (per curiam)

State v. C.F.-S., 281 Or App 198 (2016) (per curiam)


Juvenile


DHS v. P.R.H., 281 Or App 201 (2016) (per curiam)


Juvenile

DHS v. K.L.H. 281 Or App 203 (2016) (per curiam)


Post-Conviction Relief - PCR Court Did Not Make Sufficient Findings In the Judgment


Walls v. Nooth, 281 Or App 205 (2016) (per curiam)