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- Blog:Main/2012 Oregon Criminal Law Quiz
- Blog:Main/My Last Post (at the old website)
- Blog:Main/2011 Criminal Law Quiz: How'd the Optimists Do?
- Blog:Main/2011 Oregon Criminal Law Quiz
- Blog:Main/Simonson and Savastano: Two Great Opinions that Go Great Together
- Blog:Main/Things about Sexual Abuse II that are More Important Than Ever
- Blog:Main/Silence as a Very Poor Strategy for Appeal
- Blog:Main/Why the Improper Joinder Demurrer Is Even More Viable
- Blog:Main/21 Findings of Guilt; One Conviction
- Blog:Main/Update on the 2011 Criminal Law Quiz Results
- Blog:Main/Who is a Victim? Or, do imaginary people have a right to be notified of the next court date?
- Blog:Main/Can We Apply the Savastano Analysis to Sentence Enhancement Factors?
- Blog:Main/Predictions are Hard, Especially about the Future
- Blog:Main/The 5 Things You Need to Know About Criminal Episodes
- Blog:Main/Offender vs Offense Specific: How Much Do Defense Lawyers Understand About This Issue?
- Blog:Main/Arguing the Improper Joinder Demurrer
- Blog:Main/ 14 States Don't Identify ID Theft Victims as Victims Under the Victim Rights Statutes
- Blog:Main/Guilty Pleas, Open Sentencing and Criminal Episodes
- Blog:Main/Mental States and Elements
- Blog:Main/Renewed Power of Equal Privileges: Initial Thoughts on Savastano-Pettengill
- Blog:Main/ Crime Sprees: Does Cross-Relate Refer to Elements or Circumstances?
- Blog:Main/Wagner I: That Case Doesn't Mean What You Think It Does
- Blog:Main/A Follow-Up to the Posts about Sex Offender Registration
- Blog:Main/On Supervision at the Time of the Offense
- Blog:Main/Can a Year-Long Embezzlement Constitute One Criminal Episode?
- Blog:Main/Why Unlawful Use of a Weapon Convictions Should Be Extremely Rare
- Blog:Main/Sex, Yes; Photos, No: Why Encouraging Violates the Oregon Constitution
- Blog:Main/Who is the Victim of Unlawful Use of a Weapon?
- Blog:Main/Silver Lining to Sexual Abuse II
- Blog:Main/State's Notice of Intent to Seek an Upward Departure and Other Sorrows*
- Blog:Main/An Observation about Severance
- Blog:Main/ECSA: downloading is not duplication
- Blog:Main/The Art of Tea Leaves: Why I'm Optimistic about Reinke
- Blog:Main/On Corkscrews and Calculus
- Blog:Main/Standard condition of probation unconstitutional?
- Blog:Main/Felony Computer Crime: Defense, Sentencing Argument
- Blog:Main/Victim's Rights and ID Theft: a Prosecutor's Nightmare
- Blog:Main/Should we re-boot the whole criminal episode analysis?
- Blog:Main/We Need to Talk About Mallory
- Blog:Main/Today's OSC press release: 3 of 3
- Blog:Main/Could 10 Counts of Fraudulent Use of a Credit Card Merge Into a Single Theft?
- Blog:Main/Can Any Policy Be So Incoherent that There is No Need to Show Inconsistent Application?
- Blog:Main/The Companion Argument to the Savastano EP Argument
- Blog:Main/A Few Thoughts About Today's Other Significant Opinions
- Blog:Main/Simonson, Sex Abuse II and Sex Offender Registration
- Blog:Main/Sex Crimes and Grand Jury Notes
- Blog:Main/Commentary on Eyewitness Identification
- Blog:Main/How Many Jurors Does It Take To Acquit of an Aggravating Factor?
- Blog:Main/A Few Words on State v. Branch
- Blog:Main/UUW, Gun Minimum and Merger
- Blog:Main/Graduated Crimes and Separate Statutory Provisions
- Blog:Main/Is Maximizing the Potential Sentence in All Theft Cases a Permissible Policy Under Savastano?
- Blog:Main/Failure to Register and the Improper Joinder Demurrer
- Blog:Main/Equal Privileges, Grand Juries and When Prosecutors (Lawfully) Decline to Follow the Law
- Blog:Main/Random Checks: OSC Grants Review on Two Significant EP Cases
- Blog:Main/6 Crimes With Proportionality Problems: Revisiting Them in Light of the Simonson Opinion
- Blog:Main/Merging Felon in Possession and Unlawful Use of a Weapon: Updated
- Blog:Main/Improper Joinder Demurrer: Updated
- Blog:Main/Jury Waivers, Bench Trials and Mallory
- Blog:Main/Sentencing Case Law Reminder of the Day: Juvenile Adjudications
- Blog:Main/Back to the Future: the Theft by Selling-Proportionality Paradox
- Blog:Main/Another Misdemeanor-Felony Proportionality Argument
- Blog:Main/Accomplices to Crimes w- Knowing or Reckless Mental States
- Blog:Main/Homicide and DUII: Merge?
- Blog:Main/Merging UUW and Felon in Possession: Updated
- Blog:Main/Recent additions
- Blog:Main/Child Abuse Reporting CLE
- Blog:Main/OSC Grants Review in Reinke
- Blog:Main/Identity Theft: The Moreno Defense
- Blog:Main/Criminal Episodes: Why You Should Read This Blog
- Blog:Main/Challenge to the Indictment: Failure to Appear and Witness Tampering
- Blog:Main/BM 57 and ORS 138.083 motions
- Blog:Main/Mallory, Witherspoon and Separate Criminal Episodes
- Blog:Main/How many cases include improperly joined charges? The law is better for us than you might think.
- Blog:Main/Forgotten Favorites: Do 17 year olds have a constitutional right to intercourse?
- Blog:Main/Often: The Search Warrant's Achilles Heel
- Blog:Main/Proportionality: Misdemeanor Probation Revocations
- Blog:Main/Court grants cert in six new cases, including Salinas and a SORNA challenge
- Blog:Main/Oregon Supreme Court grants review to two cases of significant importance to criminal defense
- Blog:Main/Good UUW News, Bad Omen on Lesser-Included Offenses
- Blog:Main/Iowa finds parole condition unconstitutional; why should you care?
- Blog:Main/So what are the issues around criminal episodes that the appellate courts will eventually address?
- Blog:Main/The S & M defense to assault with a dangerous weapon
- Blog:Main/Do Subject Matter Expansions of a Stop Require Reasonable Suspicion?
- Blog:Main/Child Porn Sentencing
- Blog:Main/Another example demonstrating that incarceration is often not based on community safety
- Blog:Main/Charging a Homeless Person with Failure to Register a Residence
- Blog:Main/Faulkner denied cert; Vasquez granted
- Blog:Main/Most Search Warrants Suck
- Blog:Main/Another Day, Another ECSA Sentence In the News
- Blog:Main/Revisiting Old Posts: Endangering the Welfare of a Minor
- Blog:Main/Suppressing Statements
- Blog:Main/Ryan Scott on Objections to Departures
- Blog:Main/Tea Leaves, Momentum and Offense-Specific Enhancements-Elements
- Blog:Main/One Conviction Consecutive to Itself: Can a Charge of Aggravated ID Theft Violate a Victim's Rights?
- Blog:Main/Challenging Eyewitness Identifications: The Basics
- Blog:Main/Big Day at Oregon Supreme Court Tomorrow
- Blog:Main/Today's OSC press release: 2 of 3
- Blog:Main/What do dead people have to do with Encouraging Child Sexual Abuse?
- Blog:Main/The Consequences of a Reinke Win: 2 COA cases likely overruled and 2 merger arguments with new life
- Blog:Main/Do 17 year olds have a constitutional right to intercourse?
- Blog:Main/The Crime Must Have a Victim: The first hurdle of civil compromises
- Blog:Main/The DOC is Doubling Intended Prison Terms
- Blog:Main/Privacy Interests in the Texts You've Sent
- Blog:Main/Do Attempted Murder and Attempted PCS Merge? Why very different attempt crimes might only result in a single conviction
- Blog:Main/Child Porn: A Bad Opinion in One Context Can Be a Great Opinion in Another
- Blog:Main/The Bad Eyewitness ID that (Almost) No One Notices
- Blog:Main/The Assaultive Nature of his Conduct: Why the OSC Should Reconsider Barnes
- Blog:Main/Expungements - Choose Your Own Adventure
- Blog:Main/Equal Privileges, Upward Departures and Inconsistent Application
- Blog:Main/Is the Existence of a Victim a Legal or Factual Question?
- Blog:Main/A few quick impressions about today's opinions
- Blog:Main/A Common Problem with Search Warrant Affidavits
- Blog:Main/The Severance Chimera
- Blog:Main/Dangerous Offender and Equal Privileges
- Blog:Main/Other Crimes with Vertical Proportionality Problems
- Blog:Main/Is it possible to be convicted of a sex crime but not have to register as a sex offender?
- Blog:Main/A Quickie Merger Analysis
- Blog:Main/What is the Difference between Manslaughter and Criminally Negligent Homicide?
- Blog:Main/Should Rape (forcible compulsion) and Sexual Penetration (same) merge?
- Blog:Main/Sample Encouraging Demurrer
- Blog:Main/Log Rolling DUIIs - Why Measure 73 is Unconstitutional
- Blog:Main/A Breath-Test Suppression that Might Survive Machuca II
- Blog:Main/Relative and Absolute Proportionality
- Blog:Main/More News on Eyewitness Identifications
- Blog:Main/Sexual Abuse II: Possibility of Good News from the Oregon Supreme Court
- Blog:Main/Suggestions for the DeMuniz Commission
- Blog:Main/Do Sex Offender Registries Reduce Crime?
- Blog:Main/How Many Jurors Does It Take to Acquit of a CDO Factor? Or the Gun Minimum?
- Blog:Main/Revisited: What is use of a weapon?
- Blog:Main/Can the Rule of Lenity Be Found in the Due Process Clause?
- Blog:Main/New Aid and Assist Legislation
- Blog:Main/Client charged with a crime (or contempt) for acts of speech or expression?
- Blog:Main/Persistent Involvement, Part 1
- Blog:Main/During traffic stops, why do the police ask for your vehicle registration and insurance?
- Blog:Main/Use of a Weapon, Robbery and Threats
- Blog:Main/How to Beat Traffic Tickets in Oregon: UPDATED JUNE 2011
- Blog:Main/An Arrest Warrant Does Not Normally Cure a Bad Stop
- Blog:Main/Merger, Criminal History and 138.083 motions
- Blog:Main/ID Theft, Aggravated ID Theft and Proportionality
- Blog:Main/Free Speech, Online Sexual Corruption and Luring of a Minor
- Blog:Main/Embezzlement, Criminal Mistreatment and Aggregated Thefts
- Blog:Main/Revisting and Simplifying the Merger of DCS-MCS and PCS
- Blog:Main/A Shameful Day for the Court of Appeals . . . and Oregon
- Blog:Main/Multiplicity
- Blog:Main/Improper Joinder Demurrer: Dismissal, Not Severance
- Blog:Main/Additonal Observations Re: Misdemeanor Sentences Longer than Felonies
- Blog:Main/Why Can Misdemeanor Sentences be Worse than Felony Sentences?
- Blog:Main/Urine Tests and Drug DUIIs: Almost Never an Exigent Circumstance
- Blog:Main/2011 Criminal Law Quiz Revisited
- Blog:Main/Assault Mental States: The Contradictions
- Blog:Main/Possession with Intent to Deliver: the State's Special Jury Instruction
- Blog:Main/Encouraging Child Sexual Abuse: a Prediction (UPDATED)
- Blog:Main/One More Reason A Single Criminal Episode Matters: Updated
- Blog:Main/Federalizing Boots-Houston and Merger Arguments
- Blog:Main/Obtaining Grand Jury Notes
- Blog:Main/Unanimous Juries
- Blog:Main/Two Open Merger Questions You Should Win Easily (and one that's a little tougher)
- Blog:Main/Criminal Episodes and Crime Sprees, Part IV (whose job is it anyway?)
- Blog:Main/Criminal Episodes and Crime Sprees, part III (theft and ID theft)
- Blog:Main/Get your free Child Abuse Reporting credit here
- Blog:Main/Criminal Episodes and Crime Sprees, Part II (Encouraging Child Sex Abuse)
- Blog:Main/Criminal Episodes and Crime Sprees, part I
- Blog:Main/Justice Elena Kagan
- Blog:Main/BOEC Translator
- Blog:Main/Expungements
- Blog:Main/Revisiting Old Posts: A Shameful Day for the Court of Appeals . . . and Oregon.
- Blog:Main/Revisiting Old Posts: Tea Leaves, Dangerous Offenders, Upward Departures and Offense-Specific Aggravators
- Blog:Main/Criminal Defense News of the Week
- Blog:Main/Co-Defendants to Rob I and Proving the Firearm is Loaded
- Blog:Main/Might Wagner I Be Overruled By a Non-Death Case?
- Blog:Main/Ambiguity and Jury Instructions
- Blog:Main/Quickie Update on Jury Concurrence
- Blog:Main/Does Menacing Merge Into UUW?
- Blog:Main/UUW, Pointing a Firearm at Another and Proportionality
- Blog:Main/Constitutional Right to Sex
- Blog:Main/Checking in on the 2012 Oregon Criminal Law Quiz
- Blog:Main/Wagner I and Offense-Specific Aggravators
- Blog:Main/Failure to Report as a Sex Offender - What Your Client Doesn't Know Might Save Him
- Blog:Main/Why You Should Submit Jury Instructions in a Bench Trial: Revisited
- Blog:Main/Blakely Factors You May Not Know Are Blakely Factors, Part 2
- Blog:Main/Favorite But Forgotten Posts: Possession with Intent to Deliver
- Blog:Main/An Island Never Cries: a few quick replies
- Blog:Main/Forgotten Favorites: Can Felony Hit and Run Now Be Compromised?
- Blog:Main/Forgotten Favorites: A Ballistics Test Without a Search Warrant
- Blog:Main/Forgotten Favorites: The Most Popular Post I've Ever Written
- Blog:Main/Forgotten Favorites: A Defense To Felony Murder
- Blog:Main/Forgotten Favorites: A Guide to As-Applied Challenges to Felon in Possession
- Blog:Main/Forgotten Favorites: When the Arrest is Only For Running Away from the Police
- Blog:Main/Is Third-Party Standing Necessary for a Defendant to Assert a 17 Year Old's Right to Intercourse?
- Blog:Main/Denial of Credit For Time Served: It's Still Illegal
- Blog:Main/On Guard! Vouching Occurs in All Types of Cases.
- Blog:Main/Defenses to Felony Murder
- Blog:Main/The Obama Dream Act
- Blog:Main/Two of Today's Opinions: Asking for a Lesser-Included Instruction
- Blog:Main/Forget Unanimity: Focus Instead on the Fact that It Only Takes 1-3 Jurors to Acquit
- Blog:Main/Once Again: It Can Be Malpractice Not to Ask for a Lesser-Included Offense
- Blog:Main/Why You Should Be Filing More Demurrers
- Blog:Main/Head-Counting US v Alleyne: Updated
- Blog:Main/Update on the Constitutional Challenge to Possession of a Loaded Firearm
- Blog:Main/Mental States and Jury Instructions (and a brief discussion of restitution)
- Blog:Main/Forgotten Favorites: Sex Crimes and Grand Jury Notes
- Blog:Main/What facts would really make the unanimity argument irresistably appealing to the Supreme Court?
- Blog:Main/The Nonsensical Distinction: Elements and Sentence Enhancements
- Blog:Main/Forgotten Favorites: Is it Possible to Be Convicted of a Sex Offense But Not Have to Register as a Sex Offender?
- Blog:Main/Third-Party Standing and the Right of 17 Year Olds to Have Intercourse: Updated
- Blog:Main/Forgotten Favorites: When the Prosecutor Lets Your Co-Defendant Decide Whether You Get a Plea Offer
- Blog:Main/Forgotten Favorites: So, What is the New Gridblock for Sex Abuse II?
- Blog:Main/UUV should not result in a license suspension: forgotten favorites x 2
- Blog:Main/Would the Unlawful Possession of a Firearm statute survive the 7th Circuit's New Gun Rights Analysis?
- Blog:Main/Contempt is Not a Crime, Revisited
- Blog:Main/Will a new case undermine Almendarez-Torres?
- Blog:Main/Tomorrow is the one-year anniversary of oral argument in . . . .
- Blog:Main/Petition for review granted: victim demands 100% restitution despite comparative negligence
- Blog:Main/Search Warrants
- Blog:Main/Good Clackamas County, Bad Clackamas County
- Blog:Main/Hope springs eternal
- Blog:Main/Suspicionless Walk-Throughs: 9th Circuit Weighs In
- Blog:Main/Consensual Sexting
- Blog:Main/A Sentencing Challenge to Embezzlement Cases
- Blog:Main/The Alleyne decision: part 1
- Blog:Main/ECSA: why the state's best argument in favor of constitutionality is actually an argument against
- Blog:Main/Sex Abuse II Non-News
- Blog:Main/Sex Abuse II: We've Won One Proportionality Argument, Could We Win Another
- Blog:Main/Remember I told you about the demurrer that never loses? Well, it . . . um . . . lost
- Blog:Main/In multiple losses, a victory for gun rights
- Blog:Main/A special jury instruction for firearm possession
- Blog:Main/What will the Oregon Supreme Court do with Ziska?
- Blog:Main/One of the angriest posts I have ever written
- Blog:Main/Can you be revictimized if you were never victimized?
- Blog:Main/When the State Joins Witness Tampering or FTA with the Original Offense
- Blog:Main/Forgotten Favorites: Rob I, Unloaded Firearms and Co-Defendants
- Blog:Main/The prosecutor's special jury instruction and comments on the evidence
- Blog:Main/For the first time in 7 years, the COA cites Mallory in an opinion
- Blog:Main/No Sh*t, Sherlock: police need warrant to test dog's feces
- Blog:Main/How hard is it to get a search warrant, anyway?
- Blog:Main/Is the Rule of Lenity Rooted in Due Process?
- Blog:Main/SCOTUS grants cert to a bank robbery case
- Blog:Main/Improper Joinder Demurrer: What's Going On?
- Blog:Main/Looking Ahead: Ryan's Favorite Issues, Part 2
- Blog:Main/Does the Nix analysis impact the open issue regarding ECSA?
- Blog:Main/Do the predicate offenses merge with racketeering, in light of new merger case law?
- Blog:Main/Are statements of child to teacher testimonial?
- Blog:Main/How'd you do on the 2014 Criminal Law Quiz?
- Blog:Main/Some observations about the 2014 Criminal Law Quiz
- Blog:Main/Chance to get Miller and Bucholz overruled?
- Blog:Main/Shaken Baby Science, Part V
- Blog:Main/Today's Oregon Supreme Court News
- Blog:Main/Returning to the Island
- Blog:Main/The Road to End Shackling in Deschutes County