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- Blog:Main/Jury Instructions, Part II - Kidnapping
- Blog:Main/Sext Crimes
- Blog:Main/How to Expunge a Revoked Probation
- Blog:Main/Riding Crops, Safe Words and Jury Instructions
- Blog:Main/Crime Sprees and Criminal Episodes, Part V (A Strategic Demurrer)(UPDATED)
- Blog:Main/Do DCS and PCS Merge? UPDATED
- Blog:Main/Does UUV merge with PSV? Updated May 2011
- Blog:Main/Sentence Enhancers vs Elements: a Comment on State v. Sanchez
- Blog:Main/What to look for during an OSH evaluation
- Blog:Main/Hiding Exculpatory Evidence
- Blog:Main/Too Many Laws, Too Many Prisoners
- Blog:Main/Crime Rates
- Blog:Main/Good news on Measure 73
- Blog:Main/PGE v. BOLI
- Blog:Main/A tricky bit of Expungement Law
- Blog:Main/Drivers License Suspension-Revocation Guide
- Blog:Main/Mental Illness and the Use of Force
- Blog:Main/Misidentification
- Blog:Main/Prison without Walls
- Blog:Main/Oregon Supremes
- Blog:Main/Character Evidence Guide
- Blog:Main/S.Ct. Grants of Review
- Blog:Main/Immigration Detainee Locator
- Blog:Main/No Santa Claus today, but there is a Hannukah Harry
- Blog:Main/Intent to Duplicate and Disseminate
- Blog:Main/Retrograde Extrapolation
- Blog:Main/Criminal Competency is a Due Process Right
- Blog:Main/Bronson James Blog
- Blog:Main/A Public Defender PSA
- Blog:Main/Oregon S.Ct. at PSU this Friday
- Blog:Main/Moving for Mistrial
- Blog:Main/Political Contributions
- Blog:Main/New Homelessness Website
- Blog:Main/OR.S.Ct. to Wade into HB 3508 Good Time Muck
- Blog:Main/Stevens is Retiring
- Blog:Main/OR.S.Ct. to review Crim Mistreatment I
- Blog:Main/OR. S.Ct.
- Blog:Main/Oregon Legislative History Research Online
- Blog:Main/Justice Stevens
- Blog:Main/OR S.Ct.
- Blog:Main/Noon CLEs this week at MPD
- Blog:Main/Early Release
- Blog:Main/Informing Juries of Punishment
- Blog:Main/Good Time - 30% or 20%?
- Blog:Main/Fastcase for the IPhone
- Blog:Main/Fantasy SCOTUS
- Blog:Main/9th Circuit Miranda-Voluntariness Case
- Blog:Main/Boyd Deliveries
- Blog:Main/SCOTUS - Miranda Case Du Jour
- Blog:Main/New Theft Values
- Blog:Main/2010 Legislative Session
- Blog:Main/Treatment Resources for Indigent Clients
- Blog:Main/Jeff Fisher's new Cert Petition
- Blog:Main/Base Rate Neglect
- Blog:Main/Sex Case Insanity
- Blog:Main/OR Supremes
- Blog:Main/Our Googling Ways
- Blog:Main/This Week in AWOPs
- Blog:Main/Upward Departure Notice in Multnomah County
- Blog:Main/Google maps
- Blog:Main/Merger
- Blog:Main/New Probation Transfer Fees
- Blog:Main/Mental Health Break
- Blog:Main/The Incorporation Genie
- Blog:Main/ID Theft victims (or not)
- Blog:Main/Ice did not overrule Mallory
- Blog:Main/Machuca
- Blog:Main/The Bunk Science of Juries
- Blog:Main/The Limbic System
- Blog:Main/MultCo Library Portal
- Blog:Main/Flu shot map
- Blog:Main/Tri-County resources
- Blog:Main/First Year Curriculum
- Blog:Main/A few things to know about OSH evals
- Blog:Main/New Expungement Fees as of Oct 1st
- Blog:Main/Some Brief Thoughts on Ashbaugh
- Blog:Main/Merger - Hit-and-Run in a multi-car accident
- Blog:Main/Prosecutorial Misconduct Trial Guide
- Blog:Main/Warrantless Inventory Search of a Vehicle
- Blog:Main/Miranda - Compelling Circumstances
- Blog:Main/School Officials only need Reasonable Suspicion to Search a Student
- Blog:Main/Crime Mapper
- Blog:Main/You say you want a revolution
- Blog:Main/Why a Stip Facts Trial is Better Than a Plea
- Blog:Main/The Lazy Co-Defendant's Guide to Not Screwing Up the Appeal
- Blog:Main/Reviving a Dead Argument: M11 and Accomplices
- Blog:Main/SCOTUS grants cert to another dog sniff case
- Blog:Main/Is Carrying a Concealed -- but Unloaded -- Firearm in Your Car Constitutionally Protected?
- Blog:Main/Arresting a Man Without Pants or a Coat: When a Courtesy Turns Up Evidence
- Blog:Main/Sex, Right To (Even When Developmentally Disabled or Mentally Impaired in Other Ways)
- Blog:Main/Strategy Tip for Suppressing Statements
- Blog:Main/The Attempted Burglary Demurrer-Motion to Strike
- Blog:Main/When a Judge Imposes a Trial Tax: Is Candor the Only Real Sin?
- Blog:Main/Criminal Episodes, Blakely and the Only Argument the State is Making Against Mallory
- Blog:Main/Criminal Defense News for the Week of February 26, 2012
- Blog:Main/Returning ALL the Bail
- Blog:Main/Impact of new US S.Ct. Miranda Case
- Blog:Main/New Blog on Wrongful Convictions
- Blog:Main/Bad Science
- Blog:Main/The DCS-SQ-CDO Demurrer You Should File (even though it won't win)
- Blog:Main/How Many Jurors Are Needed To Acquit of the Gun Minimum or CDO Factors?
- Blog:Main/When is a Ballot Measure 57 Mandatory Minimum Not in Fact Mandatory?
- Blog:Main/Juvenile Sex Offender Registration Declared Unconstitutional in Ohio
- Blog:Main/Severing DUII and DWS (from separate incidents)
- Blog:Main/U.S. Supreme Ct, 4-2-2012: Strip Searches For Everyone
- Blog:Main/Special Jury Instruction for Commercial Drug Offenses (Includes Sample and Memo)
- Blog:Main/After the jury convicts, can a new jury be empaneled for the dangerous offender trial?
- Blog:Main/Is Padilla retroactive? SCOTUS grants cert.
- Blog:Main/If Reinke wins, would it be a very narrow victory?
- Blog:Main/The status of the 60-day right when there is a re-indictment
- Blog:Main/Blakely Factors You May Not Know Are Blakely Factors, Part 1
- Blog:Main/A Story About Oregon Prisons
- Blog:Main/Hearsay and Juvenile Court Jurisdiction
- Blog:Main/The Immigration Impact of DUII Diversion
- Blog:Main/Veterans and Military Service - A New Resource
- Blog:Main/Open Questions Regarding Merger
- Blog:Main/Less prison, less recidivism?
- Blog:Main/SCOTUS grants cert to search warrant case
- Blog:Main/Have the Appellate Court and Prosecutor Ordered Jurors to Re-Victimize Sex Abuse Victims?
- Blog:Main/Sex Offender Registration Laws: Have They Evolved into Something Unconstitutional?
- Blog:Main/Just Because They Can Seize It Doesn't Mean They Can Test It
- Blog:Main/The Absurdity of the New Ignition Interlock Requirement for DUII Diversion
- Blog:Main/Scope of the Routine Booking Exception to Miranda
- Blog:Main/OSC grants review of two cases: one involves duii diversion, the other sex crimes
- Blog:Main/SCOTUS 6-19-2012
- Blog:Main/Richard Friedman's initial response to the recent SCOTUS confrontation case
- Blog:Main/Protect Your Clients from Illegal Court-Appointed Attorney Fees
- Blog:Main/Cert petitions involving evidentiary issues, more
- Blog:Main/What is the difference between a sentence enhancement fact and an element?
- Blog:Main/Does today's Southern Union opinion mean a right to a jury trial (in some cases) to the award of restitution?
- Blog:Main/Reid Technique, Forfeiture by Wrongdoing and the Admissibility of the Basis for Your Psych Expert's Opinion
- Blog:Main/Juvenile Justice Blog
- Blog:Main/SCOTUSblog on Southern Union
- Blog:Main/Is the Rule of Lenity Rooted in the Due Process Clause?
- Blog:Main/United States Supreme Court 6-25-2012
- Blog:Main/OSC Grants Review of Sleep-Driving Case
- Blog:Main/No Good Defense Lawyer is an Island
- Blog:Main/Haven't I seen this movie already?
- Blog:Main/Criminal Defense News of Week
- Blog:Main/Child Porn and Restitution
- Blog:Main/Impeachment via Learned Treatise
- Blog:Main/Innocent Defendants Who Plead Guilty
- Blog:Main/Merger of Multiple Counts of Sexual Abuse: Same Theory
- Blog:Main/Release conditions
- Blog:Main/Forgotten Favorites: UUV should not result in a license suspension
- Blog:Main/Forcible Compulsion: Language Supporting a Special Jury Instruction?
- Blog:Main/Obliterating ID Marks on a Firearm
- Blog:Main/The Silver Lining in McDaniel
- Blog:Main/Self-fulfilling Prophecy: Buzzed Driving and DUII
- Blog:Main/Equal-Protection Violations in Bulk - Restitution, Indigency, and Probation Revocation.
- Blog:Main/The Class of Victims: animals, the dead, the uninjured
- Blog:Main/Improper Joinder Demurrer Follow-Up
- Blog:Main/Forgotten Favorites: Misdemeanor Probation Revocations and Proportionality
- Blog:Main/Contempt is Not a Crime (So Why Do Some Counties Charge It as an Unranked Misdemeanor?)
- Blog:Main/Sentencing Entrapment
- Blog:Main/How To Do a Conditional Plea (with example petition)
- Blog:Main/ID Theft Merger: Playing the Cards You're Dealt
- Blog:Main/A Judgment of Contempt Is Not A Judgment of Conviction
- Blog:Main/Immunity, subpoenas, privileges, and compelled testimony
- Blog:Main/Implied Consent Hearing Checklist
- Blog:Main/The Advantages of ORS 135.335(3) Conditional Pleas
- Blog:Main/DUII Attorneys: Oral Argument in State v Moore
- Blog:Main/Good News, Or Reason 67 Why You Should Read Library of Defense
- Blog:Main/Ninth Circuit holds that a guilty plea is not an admission to every possible theory of conviction.
- Blog:Main/Reporting on the OCDLA Search and Seizure Conference
- Blog:Main/DUIIs and Warrantless Blood Draws: Haven't I Seen This Movie Before, Part 2
- Blog:Main/Ending Prison Rape
- Blog:Main/How to Stop Pedophiles
- Blog:Main/Merger question: are you arguing for merger of reckless endangering and assault II or III?
- Blog:Main/The Ninth Circuit thinks the DA should just give you the file already.
- Blog:Main/Measure 11, Escape Hatches and Blakely: Biggest Sentencing News of the Month!
- Blog:Main/SCOTUSblog on the Alleyne cert grant: Updated
- Blog:Main/Petition-Reply for US v. Alleyne
- Blog:Main/Numerous and Notable OSC Grants
- Blog:Main/Another Win for the Improper Joinder Demurrer
- Blog:Main/Initial Reactions to Today's Flood of COA Opinions
- Blog:Main/Brand New Merger Argument
- Blog:Main/SCOTUS: PCR and Habeas News
- Blog:Main/Letting the nose into the tent: Dog Sniffs before SCOTUS tomorrow
- Blog:Main/Search Warrant and Retroactive Padilla Oral Arguments Moved to Thursday
- Blog:Main/Preservation at its Most Challenging
- Blog:Main/SCOTUSblog on Padilla Retroactivity Oral Argument
- Blog:Main/Detained (a mile away) During the Execution of a Search Warrant
- Blog:Main/Same Criminal Episode Oral Argument
- Blog:Main/Restitution, Appeals and a Little-Known Statute
- Blog:Main/The Best Argument Ever for Merger of DCS-MCS and PCS
- Blog:Main/Haven't I seen this movie already, part 3
- Blog:Main/OCDLA Alumni Watch
- Blog:Main/This Appellate Week, November 21, 2012
- Blog:Main/Plain Error Appeals and 138.083 motions
- Blog:Main/Dismissal of the Indictment Due to Improper Joinder (demurrer attached)
- Blog:Main/Idaho Doesn't Haven an Insanity Defense, and SCOTUS Doesn't Care
- Blog:Main/Denied the Grand Jury Notes, What Should You Do Next?
- Blog:Main/Juveniles Moved to Adult Court
- Blog:Main/Thoughts on Lawson, the New Eyewitness ID Case
- Blog:Main/Proving the Prior Conviction-Hot Pursuit
- Blog:Main/The Next Big Merger Issue: ECSA and ID Theft
- Blog:Main/Or Supreme Court Grants Review: free speech, assembly, facial and as-applied challenges
- Blog:Main/12 Things To Tell Your Client About the ICE Hold
- Blog:Main/The Pratfall Effect
- Blog:Main/Article I, Sec 17 Requires a Jury Trial on Restitution
- Blog:Main/Confession of a S****y Defense Lawyer
- Blog:Main/Insane Oregon Laws, part 2: When It's Better for the Defendant if the Victim Dies
- Blog:Main/Merger for Seniors: recklessly endangering, assault and car accidents
- Blog:Main/DUIIs, Blood Tests and the 4th Amendment
- Blog:Main/DUII-Traffic News
- Blog:Main/Recap of DUII-blood test oral argument
- Blog:Main/Right Against Self-Incrimination Before Arrest
- Blog:Main/Unbelievable
- Blog:Main/Facebook passwords and other things the PO might ask for
- Blog:Main/Shifting the Burden to the Defendant: When a defense does (or does not) negate an element of the crime
- Blog:Main/So What Principle Did Apprendi Actually Establish?
- Blog:Main/Did the Oregon Supreme Court Finally Drive the Automobile Exception Off the Legal Cliff--And Not Even Know It?
- Blog:Main/Ryan Scott's Merger Memo
- Blog:Main/Just lost a trial? Good. Now you can . . . .
- Blog:Main/If judges followed the law, no upward departures because of "on supervision"
- Blog:Main/Revisiting the 2012 Criminal Law Quiz: How'd we do?
- Blog:Main/2013 Criminal Law Quiz
- Blog:Main/Trick question: does the 5th Amendment to the United States Constitution apply to Oregon prosecutions?
- Blog:Main/Over the BAC limit on a Rum and Diet Coke? Yep, but don't blame the rum.
- Blog:Main/Lesser-Included Offenses
- Blog:Main/Drunk eyewitnesses just as bad as sober ones
- Blog:Main/Advice from the Oregon Legislature: If you absolutely have to have sex with a minor, then. . . .
- Blog:Main/SCOTUS Denies Cert Again on Non-Unanimous Juries
- Blog:Main/How many jurors does it take for acquittal?
- Blog:Main/Two cert grants: (1) ineffective plea bargaining and (2) a court-ordered psych exam
- Blog:Main/Status Check on Improper Joinder Demurrer
- Blog:Main/What does today's kidnapping opinion have to do with ID Theft?
- Blog:Main/Due Process Entitles Defendants to a Preliminary Hearing or Indictment on Upward Departure Factors
- Blog:Main/What's Often Forgotten About Improper Joinder Demurrers: Many Times, You Want to Lose
- Blog:Main/The Concurrence Requirement: the COA thinks this is a big deal and you should too
- Blog:Main/The COA says failure to ask for a lesser-included instruction can be bad lawyering; is it possible that the real bad lawyering comes from asking FOR the instruction?
- Blog:Main/Blakely and Merger
- Blog:Main/We've Been Doing Dismissals Incorrectly For Years--Lets Fix That
- Blog:Main/OSC grants review to racketeering case
- Blog:Main/Right to "no adverse inference" instruction in enhancement trials?
- Blog:Main/The Bullet Points You'll Want to Know Before Tomorrow's OSC Opinion
- Blog:Main/How Dangerous Are Men Who View Child Porn?
- Blog:Main/So how long does an appeal actually take?
- Blog:Main/State's Response to Upward Departure Challenge
- Blog:Main/Arguments No One Would Be Stupid Enough to Make, Except in a Courtroom (part 1)
- Blog:Main/Super Substantial Quantities and Accomplices
- Blog:Main/Sex offender registry: youthful offenders
- Blog:Main/Exceptions and Burdens: an improper joinder demurrer analysis
- Blog:Main/Get to the point, Ryan: allow me to try that improper joinder argument again
- Blog:Main/IJD: When you want the state to reindict and when you don't
- Blog:Main/PTSD, TBI and the Lack of a Voluntary Act
- Blog:Main/Arguments No One Would Make Except in a Courtroom, Part 2
- Blog:Main/Search Incident to Arrest: When There's a Gap Between the Crime and the Arrest
- Blog:Main/New Mitigating Factor: Military Service
- Blog:Main/DUII Release Conditions -- The New Prohibition
- Blog:Main/Justice Kagan, I've Got Your Number. . . .
- Blog:Main/Or Leg Makes Good Change to Law, But Still Keeps Stupid Part
- Blog:Main/The Alleyne decision: part 2 (prelims or Grand Juries for upward departures?)
- Blog:Main/The Alleyne decision part 3: stare decisis
- Blog:Main/What open Apprendi questions remain?
- Blog:Main/The Prior Conviction Exception to Apprendi
- Blog:Main/Big PCR News, part 1
- Blog:Main/Big PCR News, part 2
- Blog:Main/Juvenile Search and Seizure News
- Blog:Main/Preservation and Concession is Both Easy and Good Lawyering
- Blog:Main/Some Sex Crimes May Now Be Expunged
- Blog:Main/Big PCR opinion tomorrow
- Blog:Main/Two Notable Criminal Cases Granted Cert
- Blog:Main/All Right, People, Let's Update Those Motions to Compel Grand Jury Notes
- Blog:Main/Quotes from Watson
- Blog:Main/Requesting a Favor: GJ notes
- Blog:Main/An Analog to the Improper Joinder Demurrer
- Blog:Main/3 Things Every Defense Lawyer Should Know About Upward Departures (plus 1 argument you should be prepared to make)
- Blog:Main/Update: Is Restitution a Jury Question?
- Blog:Main/Accomplices: What if the Law Changed and No One Noticed, part 1
- Blog:Main/Accomplices: What if the Law Changed and No One Noticed, part 2
- Blog:Main/Got a Restraining Order Contempt Case? Big Confrontation Decision Out in Ten Hours.
- Blog:Main/Theft by Selling, Theft by Taking and Proportionality
- Blog:Main/Cell Phone Searches Incident to Arrest: Headed to the Supreme Court?
- Blog:Main/OSC will issue two significant weapon opinions tomorrow
- Blog:Main/Some DV Crimes are Civilly Compromisable
- Blog:Main/New Criminal Laws from the 2013 Session
- Blog:Main/Are a majority of co-defendant indictments fatally flawed?
- Blog:Main/Did HB 3194 Put M11 Reform on the Horizon?
- Blog:Main/Enforcing a Plea Bargain Gone South
- Blog:Main/Come Reinke or Come Shine
- Blog:Main/A Rose is a Rose is a Rose . . . Unless the Legislature Says It's a Tulip
- Blog:Main/The Significance of Today's Opinions
- Blog:Main/In order to be a victim, you must be harmed or potentially harmed
- Blog:Main/Two Big Restitution Cases Out Tomorrow
- Blog:Main/Discretion is the better part of power
- Blog:Main/Sentencing Tip of the Day: Post-Prison Supervision
- Blog:Main/Reversing Positions: When the Prosecution and Defense Switch Sides
- Blog:Main/More on this later, but for now. . . .
- Blog:Main/Today's opinions said nothing about child porn and yet. . . .
- Blog:Main/Highly recommended: Marijuana Law, Policy & Reform blog
- Blog:Main/Criminal Episodes: Still Relevant to Sentencing
- Blog:Main/Visitation: Keeping Caseworkers on the Case
- Blog:Main/Big Outstanding Merger Issues: One of Them Will Be Decided (Partially?) Tomorrow
- Blog:Main/So what are the outstanding merger issues?
- Blog:Main/Does today's Flores opinion support merging DCS (substantial quantity) and PCS?
- Blog:Main/No longer any doubt: when Rob II merges into Rob I
- Blog:Main/2 Confrontation Clause issues: Opportunity to Cross and Transitory Unavailability
- Blog:Main/Merging DCS and PCS
- Blog:Main/Merging PSV and Trafficking
- Blog:Main/Indicia of Reliability: Why Isn't This Challenged More Often?
- Blog:Main/Are we going to start seeing a rash of appellate opinions on criminal episodes?
- Blog:Main/Shoplifting charge? Don't forget about the Meier & Frank defense. Or should that be the Macy's defense?
- Blog:Main/As-Applied Challenge to Felon in Possession (9th Circuit)
- Blog:Main/Small coincidences: Man vs. Corpse
- Blog:Main/Coming home in the middle of a burglary
- Blog:Main/Can a warrant cure a bad stop? Stay tuned.
- Blog:Main/Hey, You, Get Off My Cloud
- Blog:Main/Common Scheme or Plan or Connected Together: the basis for joinder is narrower than you might think
- Blog:Main/Two big cases from OSC out tomorrow
- Blog:Main/Eliding the E Word
- Blog:Main/Observations about today's concurrence opinion from the OSC
- Blog:Main/If they meant possession, why didn't they use the word possession?
- Blog:Main/Dismissing Co-Defendant Indictments: the easy demurrer
- Blog:Main/My favorite anecdote about a speeding ticket
- Blog:Main/Can these two quotes be reconciled? Imagine thousands of prison sentences depend on it.
- Blog:Main/Aggressive Preservation and Defensive Preservation
- Blog:Main/Does Article I, Section 20 Exempt Persons Convicted of "Fourth Degree Rape" from Sex Offender Registration
- Blog:Main/2013 Criminal Law Quiz: How'd we do?
- Blog:Main/Legal Jiu Jitsu: the prosecutor was clever. Was the defense attorney cleverer?
- Blog:Main/2014 Oregon Criminal Law Quiz
- Blog:Main/CDO factors do not attach to conspiracy counts
- Blog:Main/Legal Writing 201-good uses of boilerplate
- Blog:Main/When Merger Actually Reduces the Sentence
- Blog:Main/Zero Tolerance for “Zero Tolerance”: The case against stipulated probation sanctions
- Blog:Main/Reexamining Reasonable Suspicion
- Blog:Main/State Comes Up with Argument Against Co-Defendant Demurrer, Relies on Time Travel
- Blog:Main/Big OSC opinion tomorrow
- Blog:Main/Big News for Misdemeanor Attorneys (especially DUII lawyers)
- Blog:Main/OSC grants review of significant religious freedom case
- Blog:Main/Did you see last week's great inventory opinion from the COA?
- Blog:Main/Oregon Supreme Court to consider whether six-person juries in misdemeanor cases violates Article I, section 11
- Blog:Main/Shaken Baby Syndrome and Flawed Science
- Blog:Main/Washington State Issues Significant Text Messages Opinion
- Blog:Main/Supreme Court, Intellectual Disability and the Death Penalty
- Blog:Main/The 4th Amendment, Consent and Strictly Interpreting Georgia v Randolph
- Blog:Main/Want to be enraged all over again about the Willingham case?
- Blog:Main/Irreplaceable SCOTUSBLOG's Argument Preview (executing the mentally handicapped
- Blog:Main/Uh Oh (from the Oregon Supreme Court press release)
- Blog:Main/A reminder of the mental health and drug treatment needs of inmates
- Blog:Main/The Codefendant Demurrer at its most basic
- Blog:Main/A lawyer who is proud of his criminal defense work, and a former defense lawyer ashamed of it
- Blog:Main/Might Criminal Forfeitures Fall Under Apprendi (And Southern Union and Alleyne)?
- Blog:Main/The Cell Phone Search Cases - An Update
- Blog:Main/OSC continues to show interest in defining "victim"
- Blog:Main/The Latest, Greatest Co-Defendant Demurrer
- Blog:Main/Scariest Decision of the Day (and that's saying something!)
- Blog:Main/Co-Defendant Demurrer: is the co-defendant's plea within the 4 corners? Does it matter?
- Blog:Main/Sex Offender Registration, Risk Assessments and Offenders Not Currently Under Supervision
- Blog:Main/Juvenile adjudication thrown out for Miranda violation
- Blog:Main/Cutting the drugs and vice budget
- Blog:Main/Preservation
- Blog:Main/A User Guide to Preservation
- Blog:Main/The Two Types of Criminal Defense Attorneys
- Blog:Main/Manslaughter Conviction Vacated: Actual Innocence Claim Opens the Door to Habeas Relief on Otherwise Expired Ineffective Assistance Claim
- Blog:Main/A few easy steps for determining if the mental state applies to a particular element
- Blog:Main/Solving the Riddle of Barnes and Assault II (serious physical injury)
- Blog:Main/How to Request A Setover and Make it an Issue for Appeal
- Blog:Main/Wacky Weapons: the jury instruction you might want to request when the weapon is neither a gun nor a knife
- Blog:Main/Felony Murder: when the homicide is accidental
- Blog:Main/What is the mental state for the gun minimum?
- Blog:Main/Child Porn Restitution
- Blog:Main/Restitution and Blakely
- Blog:Main/SCOTUSblog summarizes next week's two big cell phone search cases
- Blog:Main/It's Official: SCOTUS has Decided Every Important Criminal Law Issue
- Blog:Main/Restitution and Encouraging Child Sex Abuse
- Blog:Main/Don't flip out! Spring for the smart phone!
- Blog:Main/Voluntariness of a Shaken Baby Confession
- Blog:Main/Court finds police can go up to your front door but they can't wait there
- Blog:Main/What are the open merger questions?
- Blog:Main/OSC grants review to DUII case
- Blog:Main/Denial of vanity plate (COPSLIE) deemed unconstitutional
- Blog:Main/New York's Aggravated Harassment Statute Found Unconstitutional
- Blog:Main/Culpability in Oregon: A Five-Step Approach to Determining Which Mental State Applies
- Blog:Main/Is this the real reason for the rise and dramatic fall in crime rates?
- Blog:Main/COA Largely Affirms Mallory Principal. Now Here's How You Avoid Harmless Error.
- Blog:Main/Court Fees: Balancing the Books on the Backs of the Poor
- Blog:Main/Disambiguation: When the COA says "And We Really Mean It"
- Blog:Main/I'm not telling you to read this post. But I'm not telling you not to either.
- Blog:Main/Racketeering Sentencing: the unexplored difference between reasons and facts
- Blog:Main/Because you'd never want to punish someone for the sake of punishing them
- Blog:Main/If the codefendant files the codefendant demurrer, don't join in
- Blog:Main/Forensic Science is Not Actually a Science
- Blog:Main/SCOTUS on Double Jeopardy
- Blog:Main/How the conviction of Lisa Roberts was thrown out
- Blog:Main/Less Recidivism Found When Mentally Ill Offenders Processed Through Mental Health Court
- Blog:Main/Wacky Weapons: Opinion Tomorrow?
- Blog:Main/COA: Giving Miranda Warnings a Factor in Determining Restraint on Liberty
- Blog:Main/Why You Should Be Reading Library of Defense
- Blog:Main/Looking Ahead: Ryan's Favorite Issues
- Blog:Main/Initial Analyses of Sweeping Opinion on Cell Phone Privacy
- Blog:Main/How long did it take to get a search warrant in 1893?
- Blog:Main/Expect an interesting opinion tomorrow from the OSC
- Blog:Main/Restitution as Criminal Punishment
- Blog:Main/Okay, so who wants to design and sell a mounted shower caddy for your phone?
- Blog:Main/Always read the footnotes
- Blog:Main/Is there a legal difference between committing a crime and being liable for a crime?
- Blog:Main/Less is More: How the Prosecutor Can Thin the Allegations to Get More Convictions And Time
- Blog:Main/No, I'm not drawing any analogies to prosecutors and defense attorneys. Why do you ask?
- Blog:Main/What cell phone tower info can and can't tell us
- Blog:Main/Merging Possessions of Oxycodone and Methadone
- Blog:Main/The Max Revocation Sanction Might Still Be 60 Days. . .
- Blog:Main/Do the principles of Terry v. Ohio allow a stop based on evidence of a prior non-felony completed offense?
- Blog:Main/The Jury's Out. They Have a Question. You Don't Like the Judge's Answer. What Should You Do?
- Blog:Main/ECSA: oral argument at the COA on whether dead people can be victims
- Blog:Main/Heads They Win: How Does St v. Cuevas Impact the Improper Joinder Demurrer
- Blog:Main/Not a Teeter-Totter After All: Reducing the Number of Prisoners Does Not Increase Crime Rates
- Blog:Main/Will Obamacare reduce recidivism?
- Blog:Main/Appellate Perspective — Automobile Passengers: When a Stop Is Not a Stop
- Blog:Main/Cannabis News: Oregon in Transition
- Blog:Main/Step 1: Win the Judgment of Acquittal on Some Counts; Step 2: Move for a Mistrial on the Rest
- Blog:Main/Non-Unanimous Jury Trials in Oregon
- Blog:Main/Sex Offender Registries Have Gone Too Far
- Blog:Main/The Return of Furman?
- Blog:Main/Hondas: So Reliable, They're Worth Stealing After 20 Years on the Road
- Blog:Main/Multiplicity, Again and Again
- Blog:Main/If a conservative is a liberal who's been mugged, is a liberal just a conservative who's been unjustly frisked?
- Blog:Main/Very interesting petition for cert on testimonial (?) statements from child to teacher
- Blog:Main/Did you miss Wednesday's Blakely opinion? Involves Driving While Suspended.
- Blog:Main/Big important case on separate criminal episodes
- Blog:Main/How should governments approach a product that research suggests reduces overdose deaths, domestic violence and Alzheimer's?
- Blog:Main/Home Free: New Performance Standards for Combatting Veteran Prosecution and Incarceration
- Blog:Main/If you post bail, can you also be required to follow release conditions?
- Blog:Main/Looking back on Scalia's 2006 Kansas v Marsh opinion
- Blog:Main/Defense-Favorable Child Porn Opinion on Distribution
- Blog:Main/The one thing you need to know about joinder (and that most of you don't)
- Blog:Main/A New Kind of Lawyer for Parents and Children
- Blog:Main/Substantial Compliance and the Co-Defendant Demurrer
- Blog:Main/A Successful As-Applied Challenge to a Felon in Possession
- Blog:Main/The jury needs to hear from the referee where the goalline is, not from the players
- Blog:Main/The Nike Warning Label Case Was Dismissed, But . . . .
- Blog:Main/What a frivolous hypothetical about attempted DUII can tell us about one theory of attempted aggravated murder
- Blog:Main/When does the 8th Amendment permit a sentence below the mandatory minimum?
- Blog:Main/Did the COA just dramatically limit the scope of Identity Theft? Maybe.
- Blog:Main/Big Racketeering News
- Blog:Main/Are there some crimes you can't legally be an accomplice to?
- Blog:Main/Another factor to consider when determining the appropriate mental state
- Blog:Main/Compare arrest rates for whites and blacks in your city
- Blog:Main/Two people share a bedroom. Drugs in a dresser in that bedroom. One charged. MJOA?
- Blog:Main/Are You Guilty of UUV If You Don't Know You Don't Have Permission?
- Blog:Main/Revisiting merger of racketeering with its predicate offenses
- Blog:Main/The Prejudicial Power of PowerPoint
- Blog:Main/The Unger Games: The Supreme Court’s New Approach to State Law Exploitation Analysis
- Blog:Main/The Unger Games: The Supreme Court's New Approach to State Law Exploitation Analysis
- Blog:Main/The: Unger Games Test
- Blog:Main/The: Unger Game's Test
- Blog:Main/Juvenile Law - We Love Iowa: Miller v. Alabama Revisited
- Blog:Main/We ♥ Iowa: Miller v. Alabama Revisited
- Blog:Main/Juvenile Law - We ♥ Iowa: Miller v. Alabama Revisited
- Blog:Main/No Contact Orders and the Due Process Clause
- Blog:Main/Capital Petition for Cert to the Supreme Court
- Blog:Main/A few criminal law tidbits
- Blog:Main/OSC Grants Review to Address Significant Motion for New Trial Issues
- Blog:Main/PA Supreme Court Tosses Juvenile Sex Offender Registration
- Blog:Main/2015 Criminal Law Quiz: Test Your Precognition!
- Blog:Main/Attn: Clackamas County defense lawyers; exhibit A in your motion for Grand Jury notes
- Blog:Main/What Wade v. Brockamp says about adequate representation
- Blog:Main/The subtlety of statutory interpretation: improper joinder edition
- Blog:Main/World-Wide Drop in Crime Rates: We Can't Say for Certain It's Because of the Removal of Lead, But It's the Removal of Lead
- Blog:Main/Demurrers, Extrinisic Facts and Imaginary Facts
- Blog:Main/Measure 11 Assault: Live Issues
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- Blog:Main/Crime Rates and Incarceration Rates
- Blog:Main/Successfull Challenge to Felon in Possession
- Blog:Main/Another successful expansion of 2nd Amendment Rights
- Blog:Main/Cell phone searches and cell phone search protocols
- Blog:Main/Facts about mental illness and crime
- Blog:Main/Cell phone search warrant ruled overbroad
- Blog:Main/Cell-Site Records: the Next Big 4th Amendment Issue
- Blog:Main/What's the connection between white barns and homicide rates?
- Blog:Main/A felon's right to transfer ownership of a firearm
- Blog:Main/The Assaultive Behavior Jury Instruction: Complaining When You Don't Get It, Complaining When You Do
- Blog:Main/Supremes Grant Cert to Constitutional Challenge to Florida's Death Penalty Scheme
- Blog:Main/If the Supreme Court invalidates Florida's DP scheme, how will that impact Oregon?
- Blog:Main/Do the Texas Appellate Courts Prefer Incompetent Capital Counsel?
- Blog:Main/Challenging "For Consideration" in Boyd Delivery Cases
- Blog:Main/A child too young to testify makes non-testimonial statements about abuse
- Blog:Main/Post-Conviction Relief: When Clients Want to File
- Blog:Main/Oregon Criminal Procedural Law and Traffic Law: 2015
- Blog:Main/Previewing Argument On Assessing Mental Capacity in Capital Case
- Blog:Main/LWOP for Public Indecency
- Blog:Main/SCOTUS grants cert to three capital cases
- Blog:Main/Analysis of SCOTUS's 4th Amendment Satelline Monitoring Opinion
- Blog:Main/When separate victims don't prohibit merger
- Blog:Main/New and Free Way to Do Legal Research
- Blog:Main/Can a Measure 11 Sentence Be Upward Departed?
- Blog:Main/The tacit rule for "category of victims" that the COA resists
- Blog:Main/Merging Rob I and Rob II
- Blog:Main/Unauthorized Access of Computers
- Blog:Main/Forcing Early Election by the Prosecution: Lessons from State v. Antoine
- Blog:Main/The 2015 Updates to the OCDLA Search and Seizure Manual
- Blog:Main/SCOTUS grants review to another capital case
- Blog:Main/Appellate Perspective: Challenging “Other Acts” Evidence under Williams
- Blog:Main/No one in Texas has been sentenced to death in 2015 so far
- Blog:Main/Negotiating for the Defense
- Blog:Main/Children, Crawford and Testimonial Statements
- Blog:Main/When the Jury Instructions Impose More Stringent Elements on the Gov't
- Blog:Main/Impact of gun minimum on merger
- Blog:Main/Worthwhile article on sex offender registries