Ryan Scott
From OCDLA Library of Defense
Ryan Scott is a partner in Scott & Huggins. He frequently speaks and writes about cutting edge legal arguments and complex but essential defense topics like those below. Ryan is a 2011 and 2012 super lawyer and the winner of the 2009 and 2012 OCDLA Presidents Awards.
Contents |
Sex Crimes
- 07/12/13 | Sex Abuse II: We've Won One Proportionality Argument, Could We Win Another
- 07/03/13 | ECSA: Why The State's Best Argument In Favor of Constitutionality Is Actually An Argument Against
- 05/10/13 | Sex Offender Registry: Youthful Offenders
- 05/08/13 | Arguments No One Would Be Stupid Enough to Make, Except in a Courtroom (part 1)
- 02/18/13 | Advice From The Oregon Legislature: If You Absolutely Have to Have Sex With a Minor, Then...
- 12/04/12 | Blog:Main/Forgotten_Favorites:_So,_What_is_the_New_Gridblock_for_Sex_Abuse_II?
- 12/03/12 | Third-Party Standing and the Right of 17 Year Olds to Have Intercourse
- 12/02/12 | Blog:Main/Forgotten_Favorites:_Is_it_Possible_to_Be_Convicted_of_a_Sex_Offense_But_Not_Have_to_Register_as_a_Sex_Offender?
- 10/26/12 | Forgotten Favorites: Sex Crimes and Grand Jury Notes
- 08/08/12 | Is Third-Party Standing Necessary for a Defendant to Assert a 17 Year Old's Right to Intercourse?
- 07/15/12 | Merger of Multiple Counts of Sexual Abuse: Same Theory
- 06/06/12 | Have the Appellate Court and Prosecutor Ordered Jurors to Re-Victimize Sex Abuse Victims? See also Criminal Episodes and ECSA
- 04/13/12 | ECSA: Downloading Is Not Duplication
- 02/12/12 | What Do Dead People Have to do with Encouraging Child Sex Abuse
- 02/04/12 | Do 17 Year Olds Have a Constitutional Right to Intercourse
- 11/06/11 | The Forgotten Encouraging Defense
- 09/19/11 | Sex Crimes and Grand Jury Notes
- 09/12/11 | Sample Encouraging Demurrer
- 08/15/11 | Do Sex Offender Registries Reduce Crime
- 06/15/11 | Going to trial on a Sex Abuse II charge post-Simonson ; see also Silver Lining to Sexual Abuse II and What is the Crime Seriousness Level of Sex Abuse II after Simonson?
- 05/31/11 | Is it possible to be convicted of a sex crime but not have to register as a sex offender?
- 03/26/11 | Online Sexual Corruption and Luring of a Minor
- 03/01/11 | Does the crime of Encouraging Child Sexual Abuse violate the Oregon Constitution? See also ECSA and Criminal Episodes
- 01/26/11 | Silver Lining to Sexual Abuse II
- 01/25/11 | Attempted Statutory Rape
- 12/26/10 | Obtaining Grand Jury Notes , a riff on Fisher/Gordon v Board of Parole
- 12/12/10 | Rape III and Sex Abuse II (When Things Come Together: Simultaneity, Merger and Intercourse)
Other Crimes
Guns
- 10/07/12 | Update on the Constitutional Challenge to Possession of a loaded Firearm
- 07/27/12 | Obliterating ID Marks on a Firearm
- 04/02/12 | UUW, Pointing a Firearm at Another and Proportionality
- 03/21/12 | Is Carrying a Concealed -- but Unloaded -- Firearm in Your Car Constitutionally Protected?
- 01/14/12 | Co-Defendants to Rob I and Proving the Firearm is Loaded
- 10/06/11 | Where the COA Went Wrong in it's Failure to Merge 3 Firearms
- 03/05/11 | A Guide to As-Applied Challenges to Felon in Possession
- 01/06/11 | Robbery I w/ a Firearm and Comments on the Evidence
- 01/02/11 | When might UUW merge into Felon in Possession? See alsoUUW and Felon in Possession revisited
Drugs
- 05/08/13 | Super Substantial Quantities and Accomplices
- 04/19/12 | Special Jury Instruction for Commercial Drug Offenses (Includes Sample and Memo)
- 02/26/12 | The DCS-SQ/CDO Demurrer You Should File (even though it won't win)
- 03/04/11 | DCS, MCS and PCS revisited
- 01/06/11 | Possession w/ Intent to Deliver: the State's Requested Instruction
- 12/16/10 | When enhancement facts create lesser includeds (A backdoor way for PCS to merge with DCS , if the DCS - or MCS - is a Commercial Drug Offense)
- 11/25/10 | DCS and PCS - UPDATED 12-28
Assault
- 01/07/13 | Insane Oregon Laws, part 2: When It's Better for the Defendant if the Victim Dies
- 10/04/11 | Assault II: The Assaultive Nature of His Conduct: Why the OSC Should Reconsider Barnes
- 01/08/11 | Serious Physical Injury
- 11/28/10 | Assault II and Dangerous Weapons
Theft
- 07/30/13 | Theft by Selling, Theft by Taking, and Proportionality
- 08/18/12 | ID Theft Merger: Playing the Cards You're Dealt
- 04/04/12 | Identity Theft: The Moreno Defense
- 12/29/11 | Merger of ID Theft and Fraudulent Use of a Credit Card
- 07/30/11 | A Special Jury Instruction for Robberies (When your client is motivated by the desire to escape, not retain the property)
- 03/05/11 | The Class of Victims for ID Theft (merger of multiple counts) See also ID Theft and Victim's Rights
- 01/31/11 | Theft by Selling and the Proportionality Paradox
Vehicles
- 10/26/11 | To What Elements of Attempted DUII Does the Mental State Apply?
- 05/03/11 | Poss of a Stolen Vehicle: The State's Requested Special Jury Instruction
- 03/02/11 | Is Felony Hit and Run Now Compromisible?
- 01/25/11 | Recklessness and Intoxication (Especially relevant to manslaughter/assault/DUIIs - see also The Difference Between Manslaughter and Negligent Homicide )
- 01/03/11 | Merger of Homicide and DUII
- 11/08/10 | UUV and PSV
Misc. or Multiple Crimes
- 03/30/12 | The Attempted Burglary Demurrer Motion to Strike
- 03/13/12 | Blog:Main/What_does_today's_kidnapping_opinion_have_to_do_with_ID_Theft?
- 11/22/11 | Felony Computer Crime
- 07/04/11 | 6 Crimes with Proportionality Problems
- 01/20/11 | Felony Computer Crime Demurrer (motion included)
- 12/30/10 | Accomplices: Messy Jury Instructions
- 12/04/10 | Unlawful Use of a Weapon - Threats aren't Use
- 12/02/10 | Kidnapping and Asportation
Merger
- 04/03/13 | In Order To Be A Victim, You Must Be Harmed Or Potentially Harmed
- 04/03/13 | Blakely and Merger
- 01/06/13 | Merger for Seniors: recklessly endangering, assault and car accidents
- 12/05/12 | Blog:Main/The_Next_Big_Merger_Issue:_ECSA_and_ID_Theft
- 11/12/12 | The Best Argument Ever for Merger of DCS-MCS and PCS
- 10/25/12 | Brand New Merger Argument
- 08/01/12 | The Class of Victims: animals, the dead, the uninjured
- 05/31/12 | BM 57 and ORS 138.083 motions
- 05/29/12 | Open Questions Regarding Merger
- 05/02/12 | 21 Findings of Guilt; One Conviction
- 03/30/12 | Does Menacing Merge Into UUW?
- 08/28/11 | Merger: Attempted Aggravated Murder and Two Counts of Attempted Murder
- 05/23/11 | Quickie Merger Analysis
- 04/30/11 | Is a Finding of a Sufficient Pause a Jury Question?
- 12/29/10 | Why the attempt versions of very different crimes would merge
Criminal Episodes
- 08/31/13 | Blog:Main/Are_a_majority_of_co-defendant_indictments_fatally_flawed?
- 07/24/13 | Remember I Told You About the Demurrer That Never Loses? Well, It... Um... Lost
- 07/10/13 | An Analog to the Improper Joinder Demurrer
- 05/22/13 | IJD: When You Want the State to Reindict and When You Don't
- 05/17/13 | Get to the point, Ryan: Allow Me to Try That Improper Joinder Argument Again
- 05/13/13 | Exceptions and Burdens: An Improper Joinder Demurrer Analysis
- 04/13/13 | A Sentencing Challenge to Embezzlement Cases
- 03/15/13 | What's Often Forgotten About Improper Joinder Demurrers: Many Times, You Want to Lose
- 03/13/13 | Status Check on Improper Joinder Demurrer
- 11/25/12 | Dismissal of the Indictment Due to Improper Joinder (demurrer attached)
- 09/30/12 | Arguing the Improper Joinder Demurrer
- 08/01/12 | Improper Joinder Demurrer Follow- Up
- 07/19/12 | How many cases include improperly joined charges?
- 06/06/12 | Mallory, Witherspoon and Separate Criminal Episodes
- 05/22/12 | Challenge to the Indictment: Failure to Appear and Witness Tampering
- 05/19/12 | Blakely Factors You May Not Know Are Blakely Factors, Part 2
- 05/17/12 | Blakely Factors You May Not Know Are Blakely Factors, Part 1
- 04/18/12 | Why the Improper Joinder Demurrer Is Even More Viable
- 04/08/12 | Criminal Episodes: Why You Should Read This Blog
- 03/29/12 | Criminal Episodes, Blakely and the Only Argument the State is Making Against Mallory
- 01/26/12 | Strategic Losing: The Demurrer Y'all Should Really Be Filing Regularly
- 01/02/12 | We Need to Talk About Mallory
- 01/01/12 | Can You Reconcile These Two Holdings?
- 12/29/11 | Criminal Episode Strategizing
- 08/02/11 | Can a Year-Long Embezzlement Constitute a Single Criminal Episode?
- 06/04/11 | Does "cross-relate" refer to elements or circumstances?
- 06/04/11 | Should we just re-boot the whole criminal episode analysis?
- 04/01/11 | Multiple Victims But One Criminal Episode
- 02/01/11 | Improper Joinder Demurrer: Dismissal, Not Severance (motion included)
- 01/04/11 | One More Reason a Single Criminal Episode Matters: Updated
- 12/27/10 | 5 Things You Need to Know About Criminal Episodes
- 11/21/10 | A Strategic Demurrer Updated w/ sample demurrer
- 11/01/10 | Judge or Jury
- 10/26/10 | Theft and ID Theft
- 10/24/10 | Encouraging Child Sex Abuse
- 10/21/10 | Overview
- 11/25/09 | Ice Did Not Overrule Mallory
Search and Seizure
- 06/05/13 | Search Incident to Arrest: When There's a Gap Between the Crime and the Arrest
- 06/05/13 | Arguments No One Would Make Except in a Courtroom, Part 2
- 05/14/13 | Blog:Main/Iowa_finds_parole_condition_unconstitutional;_why_should_you_care?
- 09/12/12 | Often: The Search Warrant's Achilles Heel
- 03/17/12 | Strategy Tip for Suppressing Statements
- 12/08/11 | Most Search Warrants Suck
- 10/18/11 | A "Common" Problem with Search Warrant Affidavits
- 09/25/11 | Search Warrants and the Flagrant Disregard Doctrine
- 09/25/11 | When the Arrest is Solely for Running from the Police
- 08/08/11 | Ballistics Tests Without a Search Warrant
- 07/27/11 | Why Stip Facts Trials are the Death of Hope
- 07/14/11 | Traffic Stop Extensions: Why do the police ask for your insurance and vehicle registration?
- 01/20/11 | Little-Known Search Warrant Challenge
- 01/16/11 | Challenging Search Warrants: 3 simple arguments
Equal Privileges
- 06/25/12 | Is the Rule of Lenity Rooted in the Due Process Clause?
- 02/29/12 | My Last Post (at the old website)
- 12/12/11 | When the Prosecutor Lets Your Co-Defendant Decide Your Plea Offer
- 11/06/11 | The Encouraging Defense That's Been Forgotten
- 10/26/11 | Can Any Policy Be So Incoherent that There is No Need to Show Inconsistent Application
- 09/26/11 | When Two Children Engage in Sexual Activity
- 07/03/11 | Equal Privileges and Aggravating Factor
- 06/22/11 | Aggregated Thefts
- 06/22/11 | Aggregated Thefts part II
- 06/22/11 | Sex Abuse II and Equal Privileges in Light of Savastano
- 06/15/11 | Dangerous Offender and Equal Privileges
Sentence Enhancements
- 05/07/13 | Blog:Main/State's_Response_to_Upward_Departure_Challenge
- 03/14/13 | Due Process Entitles Defendants to a Preliminary Hearing or Indictment on Upward Departure Factors
- 11/18/12 | The Nonsensical Distinction: Elements & Sentence Enhancements
- 10/28/12 | If judges followed the law, no upward departures because of "on supervision"
- 10/05/12 | Head-Counting US v Alleyne: Update
- 10/05/12 | Measure 11, Escape Hatches and Blakely: Biggest Sentencing News of the Month!
- 09/07/12 | Forget Unanimity: Focus Instead on the Fact that it Only Takes 1-3 Jurors to Acquit
- 06/21/12 | What is the difference between a sentence enhancement fact and an element?
- 05/03/12 | If Reinke wins, would it be a very narrow victory?
- 04/29/12 | Offender vs Offense Specific: How Much Do Defense Lawyers Understand About This Issue?
- 04/29/12 | After the jury convicts, can a new jury be empaneled for the dangerous offender trial?
- 04/19/12 | The Art of Tea Leaves: Why I'm Optimistic About Reinke
- 04/08/12 | Wagner I and Offense-Specific Aggravators
- 04/02/12 | When is a Ballot Measure 57 Mandatory Minimum Not in Fact Mandatory?
- 04/02/12 | How Many Jurors Are Needed To Acquit of the Gun Minimum or CDO Factors?
- 03/18/12 | Might Wagner I Be Overruled By a Non-Death Case?
- 02/26/12 | Upward Departure Notice in Multnomah County
- 01/29/12 | Wagner I: That Case Doesn't Mean What You Think it Means
- 01/13/12 | Dangerous Offenders, Upward Departures and Offense-Specific Aggregation
- 10/27/11 | Equal Privileges, Upward Departures and Inconsistent Application
- 08/17/11 | Limiting the Gun Minimum to the First Conviction
- 08/12/11 | How Many Jurors Does It Take to Acquit of an Aggravating Factor
- 08/12/11 | How Many Jurors Does It Take to Acquit of a CDO Factor? Or the Gun Minimum?
- 08/10/11 | On Supervision at the Time of the Offense
- 07/03/11 | Equal Privileges and Aggravating Factor
- 06/30/11 | Tea Leaves, Momentum and Offense-Specific Aggravating Factors
- 04/16/11 | Dangerous Offender: Finding of a Personality Disorder without a Diagnosis ; see also Dangerous Offender and Equal Privileges
- 04/16/11 | Persistent Involvement, part 1
- 04/16/11 | Persistent Involvement, part 2
- 12/19/10 | Objections to upward departures
- 11/01/10 | Motion: [Indictment Clause]
- 10/27/10 | Sentence Enhancers vs Elements , a comment on State v. Sanchez
Jury Instructions and Mental States
- 04/13/13 | Blog:Main/Right_to_"no_adverse_inference"_instruction_in_enhancement_trials?
- 03/30/13 | 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?
- 03/22/13 | Blog:Main/The_Concurrence_Requirement:_the_COA_thinks_this_is_a_big_deal_and_you_should_too
- 02/13/13 | Lesser-Included Offenses
- 10/18/12 | Mental States and Jury Instructions (and a brief discussion of restitution)
- 09/19/12 | Once Again: It Can Be Malpractice Not to Ask for Lesser-Included Offense
- 08/29/12 | Two of Today's Opinions Asking for a Lesser-Included Instruction
- 05/09/12 | Why You Should Submit Jury Instructions in a Bench Trial: Revisited
- 03/17/12 | Ambiguity and Jury Instructions
- 02/08/12 | Thoughts on Jury Concurrence and a Work-in-Progress Jury Instruction
- 01/23/12 | A Rainoldi Follow-Up: Is It the Last Word
- 01/15/12 | The Lazy Co-Defendant's Guide to Not Screwing Up the Appeal
- 12/30/11 | Mental States and Elements
- 03/12/11 | Submitting Jury Instructions in a Bench Trial
- 01/03/11 | Jury Instruction Basics
Restitution
- 11/12/12 | Restitution, Appeals, and a Little-Known Statute
- 09/15/12 | Good News or Reason #67 Why You Should Read the Library of Defense
- 03/26/11 | Restitution and the Right to a Jury Trial under Article I, section 17 (for Juveniles Too)
Evidence
- 07/12/12 | Impeachment via Learned Treatise
Miscellaneous
- 09/12/13 | The Significance Of Today's Opinions
- 09/12/13 | A Rose is a Rose is a Rose... Unless the Legislature Says It's A Tulip
- 07/19/13 | Accomplices: What if the Law Changed and No One Noticed? (Part 1) (Part 2)
- 07/09/13 | Requesting A Favor: GJ Notes
- 06/28/13 | All Right, People, Let's Update Those Motions to Compel Grand Jury Notes
- 06/23/13 | Preservation and Concession is Both Easy and Good Lawyering
- 05/05/13 | Blog:Main/So_how_long_does_an_appeal_actually_take?
- 02/22/13 | Blog:Main/How_many_jurors_does_it_take_for_acquittal?
- 02/09/13 | Blog:Main/Trick_question:_does_the_5th_Amendment_to_the_United_States_Constitution_apply_to_Oregon_prosecutions?
- 01/23/13 | Just Lost a Trial? Good. Now You Can...
- 01/17/13 | Good Clackamas County, Bad Clackamas County
- 01/12/13 | Tomorrow Is The One-Year Anniversary of Oral Argument in ... State v. Ofodrinwa
- 12/27/12 | Confessions of a S****y Defense Lawyer
- 12/23/12 | On Corkscrews and Calculus
- 11/30/12 | Blog:Main/Denied_the_Grand_Jury_Notes,_What_Should_You_Do_Next?
- 11/21/12 | Plain Error Appeals and 138.083
- 11/01/12 | Preservation at its Most Challenging
- 08/07/12 | Forgotten Favorites: Misdemeanor Probation Revocations and Proportionality
- 07/08/12 | An Island Never Cries: a few quick replies
- 07/06/12 | No Good Defense Lawyer is an Island
- 03/28/12 | When a Judge Imposes a Trial Tax: Is Candor the Only Real Sin?
- 03/10/12 | Reviving a Dead Argument: M11 and Accomplices
- 03/10/12 | (Un)Reasonable Release Conditions: No Contact with Witnesses
- 03/07/12 | An Observation about Severance
- 02/14/12 | Returning All The Bail
- 02/05/12 | The Crime Must Have a Victim: The First Hurdle of Civil Compromises
- 12/12/11 | When the Prosecutor Lets Your Co-Defendant Decide Your Plea Offer
- 10/04/11 | The Severance Chimera
- 09/24/11 | Removing a Witness's Name from a Court of Appeals Decision
- 09/04/11 | Silence is a Very Poor Strategy for Appeal
- 02/10/11 | Compelling Immunity for a Defense Witness
- 02/03/11 | Witness List Demand (motion included)
