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OCDLA Library of Defense - Latest Case Reviews

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Oregon Court of Appeals, June 5th, 2024

by: Rankin Johnson

SEARCH AND SEIZURE - Probable cause

RESTITUTION - Reasonableness of costs

MENTAL HEALTH DEFENSES - DNA samples and fingerprints

EXPUNGEMENT - Marijuana-offense

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Oregon Supreme Court, May 31st, 2024

by: Rankin Johnson

WITNESSES - Impeachment

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Oregon Court of Appeals, May 29th, 2024

by: Rankin Johnson

VOUCHING - Plain error

ASSAULT - Aided by another person actually present

JURY SELECTION - Basis for mistrial

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Oregon Court of Appeals, May 22nd, 2024

by: Rankin Johnson

HEARSAY AND CONFRONTATION - Impeachment

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Oregon Supreme Court, May 16th, 2024

by: Rankin Johnson

APPEAL AND REVIEW - Preservation

APPEAL AND REVIEW - Preservation

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Oregon Court of Appeals, May 15th, 2024

by: Rankin Johnson

RIGHT TO COUNSEL - Self-representation

WITNESS TAMPERING - Elements

WITNESS TAMPERING - Elements

ASSAULT - Dangerous weapons

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Oregon Supreme Court, May 9th, 2024

by: Rankin Johnson

APPEAL AND REVIEW - Fugitive dismissal

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Oregon Court of Appeals, May 8th, 2024

by: Rankin Johnson

MENS REA - Mental states and specific elements

DEFENSES - Elements of self-defense

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Oregon Court of Appeals, May 1st, 2024

by: Rankin Johnson

SENTENCING -

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Oregon Court of Appeals, April 24th, 2024

by: Rankin Johnson

RIGHT TO COUNSEL - Burden of proof regarding prejudice

KIDNAPPING - Sufficiency

RIGHT TO DUE PROCESS - Procedural due process

DUII - FSTs as scientific evidence

DEFENSES - Self-defense

CIVIL COMPROMISE - Elements

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Oregon Court of Appeals, April 17th, 2024

by: Rankin Johnson

APPEAL AND REVIEW - New trial motions

MOTIONS FOR JUDGMENT OF ACQUITTAL - Inferences

CLOSING ARGUMENT - Improper argument by prosecutor

SENTENCING - Eligibility for alternative programs

CLOSING ARGUMENT - Improper argument by prosecutor

CLOSING ARGUMENT - Improper argument by prosecutor

SEARCH AND SEIZURE - Scope of inquiry following stop

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Oregon Supreme Court, April 11th, 2024

by: Rankin Johnson

COMPUTER CRIME - Theft comparison

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Oregon Court of Appeals, April 10th, 2024

by: Rankin Johnson

JURY SELECTION - Rehabilitation

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Oregon Court of Appeals, April 3rd, 2024

by: Rankin Johnson

EVIDENCE - Authentication

MENS REA - Mental states and specific elements

POST-CONVICTION RELIEF - Right to post-conviction counsel

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Oregon Court of Appeals, March 27th, 2024

by: Rankin Johnson

SENTENCING - Allocution

DEFENSES - Choice of evils

INEFFECTIVE ASSISTANCE OF COUNSEL - Prejudice

MENS REA - Mental states and specific elements

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Oregon Supreme Court, March 21st, 2024

by: Rankin Johnson

JURY SELECTION - Peremptory challenges

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Oregon Court of Appeals, March 20th, 2024

by: Rankin Johnson

SENTENCING - Criminal history

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Oregon Supreme Court, March 14th, 2024

by: Rankin Johnson

DEATH PENALTY - Reviewability

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Oregon Court of Appeals, March 13th, 2024

by: Rankin Johnson

FITNESS FOR TRIAL - Procedural requirements

CIVIL COMPROMISE - Judicial discretion

SENTENCING - Consecutive sentences

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Oregon Court of Appeals, March 6th, 2024

by: Rankin Johnson

KIDNAPPING - Asportation

EVIDENCE - Relevance

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Oregon Court of Appeals, February 28th, 2024

by: Rankin Johnson

SEARCH AND SEIZURE - Scope of inquiry following stop

RAPE SHIELD - Constitutionally requires to be admitted

EVIDENCE - Character evidence

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JURY UNANIMITY - Remedy

CHARGING DOCUMENTS - Identity of victim

EVIDENCE - Authentication

MEASURE 11 - Juvenile or adult disposition

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Oregon Court of Appeals, February 22nd, 2024

by: Rankin Johnson

THEFT OFFENSES - Theft of services

RIGHT TO COUNSEL - Waiver

BURGLARY - License to enter

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Oregon Court of Appeals, February 14th, 2024

by: Rankin Johnson

DESTRUCTION OF EVIDENCE - Remedy

TRIAL PROCEEDINGS - Continuances

HEARSAY AND CONFRONTATION - Forensic reports

DUII - Miles instruction

SENTENCING - Restitution

FIREARM OFFENSES - Defenses for firearm offenses

CLOSING ARGUMENT - Improper argument by prosecutor

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Oregon Court of Appeals, February 7th, 2024

by: Rankin Johnson

CORPUS DELICTI RULE - Corroboration

SENTENCING - Merger

HINDERING PROSECUTION - Use of force

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Oregon Supreme Court, February 1st, 2024

by: Rankin Johnson

PLEA AGREEMENTS - Withdrawal of plea offer

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Oregon Court of Appeals, January 31st, 2024

by: Rankin Johnson

POST-CONVICTION RELIEF - Statute of limitations

APPEAL AND REVIEW - Late appeals

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Oregon Court of Appeals, January 24th, 2024

by: Rankin Johnson

RIGHT TO JURY - Nonunanimous verdicts

JURY TRIALS - Juror prejudice

DUII - Field Sobriety Tests

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Oregon Court of Appeals, January 10th, 2024

by: Rankin Johnson

SEARCH AND SEIZURE - Failure to display a license plate

EVIDENCE - Polygraphs

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Oregon Court of Appeals, January 4th, 2024

by: Rankin Johnson

MERGER - Domestic violence allegations

SENTENCING - Proportionality

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Oregon Court of Appeals, December 28th, 2023

by: Rankin Johnson

EVIDENCE - Vouching

STALKING AND PROTECTIVE ORDERS - Willfulness

KIDNAPPING - Elements

MERGER -

SEARCH AND SEIZURE - Scope of inquiry following stop

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Oregon Supreme Court, December 21st, 2023

by: Rankin Johnson

SEARCH AND SEIZURE - Administrative seizures

DANGEROUS OFFENDER SENTENCES - Procedural requirements

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Oregon Court of Appeals, December 13th, 2023

by: Rankin Johnson

DEFENDANT'S STATEMENTS - Interrogation

SEARCH AND SEIZURE - Privacy interest

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Oregon Court of Appeals, December 6th, 2023

by: Rankin Johnson

SENTENCING - Proportionality

SENTENCING - Proceedings on remand

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Oregon Court of Appeals, November 29th, 2023

by: Rankin Johnson

RESTITUTION - Sex abuse evaluations

FREE SPEECH AND EXPRESSION - Conduct during expressive activity

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Oregon Court of Appeals, November 23rd, 2023

by: Rankin Johnson

DEFENSES - Sufficiency

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Oregon Supreme Court, November 17th, 2023

by: Rankin Johnson

JUVENILE LAW - Discovery

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Oregon Court of Appeals, November 15th, 2023

by: Rankin Johnson

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Oregon Court of Appeals, November 8th, 2023

by: Rankin Johnson

FAILURE TO PERFORM THE DUTIES OF A DRIVER - Premises open to the public

SEX OFFENDER NOTIFICATION -

RECKLESS DRIVING - Sufficiency

PROBATION CONDITIONS - Polygraphs as probation condition

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