Oregon Appellate Court--December 27, 2018
From OCDLA Library of Defense
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by: Rankin Johnson • January 8, 2019 • no comments
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FINES, FEES, AND COSTS - Ability to pay | FINES, FEES, AND COSTS - Ability to pay | ||
| + | APPEAL AND REVIEW - Proceedings on remand | ||
| + | SEARCH AND SEIZURE - Officer safety | ||
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'''Summarized by Rankin Johnson, OCDLA''' | '''Summarized by Rankin Johnson, OCDLA''' | ||
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When Court of Appeals remanded for PCR court to reconsider prejudice ruling, PCR court erred by also considering whether counsel had been ineffective. Reversed and remanded. | When Court of Appeals remanded for PCR court to reconsider prejudice ruling, PCR court erred by also considering whether counsel had been ineffective. Reversed and remanded. | ||
| − | [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/21961/download#page=1&zoom=auto Maxfield v. Cain] 295 Or App 553 (January 3, 2019) (Powers) (Malheur County, Guimond) |
'''SEARCH AND SEIZURE - Officer safety''' | '''SEARCH AND SEIZURE - Officer safety''' | ||
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[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21969/download#page=1&zoom=auto State v. Nye] 295 Or App 559 (January 3, 2019) (Garrett) (Klamath County, Adkisson) | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/21969/download#page=1&zoom=auto State v. Nye] 295 Or App 559 (January 3, 2019) (Garrett) (Klamath County, Adkisson) | ||
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Latest revision as of 15:19, January 9, 2019
Summarized by Rankin Johnson, OCDLA
FINES, FEES, AND COSTS - Ability to pay
Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.
State v. Lyness 295 Or App 524 (January 3, 2019) (Ortega) (Marion County, Prall)
APPEAL AND REVIEW - Proceedings on remand
When Court of Appeals remanded for PCR court to reconsider prejudice ruling, PCR court erred by also considering whether counsel had been ineffective. Reversed and remanded.
Maxfield v. Cain 295 Or App 553 (January 3, 2019) (Powers) (Malheur County, Guimond)
SEARCH AND SEIZURE - Officer safety
Defendant's furtive movements and agitated demeanor during a traffic stop did not provide a basis for a nonvoluntary officer-safety patdown. Reversed and remanded.
State v. Nye 295 Or App 559 (January 3, 2019) (Garrett) (Klamath County, Adkisson)
