Case Reviews
This page contains summaries of, and links to our weekly case updates. As always, remember that these are same day summaries. There may be also be follow-up articles or resources. If you want to access the prior post, simply click on the date.
Hearsay – Statement Against Penal Interest – Availability - State v Anthony
Stop – Free to Leave - State v Kinkade
Restraining Order Hearing – Right to Cross Examine - Hemingway and Mauer
Probation – Community Service – Consent of Defendant Required - State v Everitt
Felon In Possession – No Mental State for Felony Status - State v Rainoldi
Criminal Episodes – Hit and Run - Orchard v Mills
Corroboration of Confession – Restraining Order Violation - State v Caldwell
Tort Liability – DOC – Sentence Computation - Westfall v Oregon
Civil Commitment – Harms Way - State v LD
Sex Abuse – Southard – “Concerning for sexual abuse” - State v Feller
Stop – Free to Leave - State v Aronson
Termination of Parental Rights - Detriment to Children - DHS v CLC
Speedy Trial – 17 Month Delay - State v McFarland
Automobile Exception - State v Wiggins
Administrative Searches – Courthouse - State v Snow
Restitution – Evidence of Economic Damages - State v Yocum
FAPA Restraining Order Violation - Confrontation – Proof of Service - State v Copeland
Assault III – Aided by Another - State v Hesedahl
Oregon State Hospital – Involuntary Medication Hearings – Less Intrusive Options - D.T. v DHS
Habeas – Right Not to Have Attorney Mail Opened by Prison Officials - Barrett v Williams
Assault II – Dangerous Weapon - State v Delaportilla
Civil Commitment – Failure to Read Rights - State v SJF
Restitution – Remand for Resentencing - State v McLaughlin
Attorney-Client Privilege – Testifying Does Not Waive the Privilege – DUII - State v Taylor
Consent – Voluntariness – When Obtained After Implied Consent Warnings (Machuca) - State v Moore
Evidence Code – Bias - State v Torres-Rivas
Restitution – Evidence to Support Judgment - State v Gruver
Voluntary Intoxication – Recklessness – Due Process - State v McKay
Amended Judgment – Correcting a Factual Error - State v Estey
Venue – Failure to Register as a Sex Offender - State v Massei
Stop – Unavoidable and Routine Lulls - State v Hampton
Probation Violation – Waiver of Counsel - State v Reed
PCR – Failure to Investigate - Galloway v Nooth
Restraining Order – “Interfering” – State v Trivitt
PCR – Ordering Defendant to Proceed Pro Se - Bailey v Nooth
Bench Trial – Right to Closing Argument - State v Barajas
Evidence Code – Bias – Prior Disputes - State v Prange
Burglary I – Aid and Abet - State v Holcomb
Confrontation Clause – Lab Report – Notice and Demand - State v Glass
Rape I – Forcible Compulsion - State v Magel
Probation Violation – Extension of Probation - State v Laizure
Probation Conditions – Forfeiture - State v Olson
Requesting Consent to Search is Not Interrogation - State v Hatfield
Dependency – Jurisdiction - DHS v BLJ
Warm Springs Tribal Code – Hot Pursuit Provision - State v Smith
Southard – Treatment Recommendations - State v Volynets-Vasylchenko
Arrest/PC – UUMV - State v Ayvazov
DMV Appeal – Agency Orders - Svidenko v DMV
Parole Board – Severe Emotional Disturbance - Gordon v Board of Parole and Post-Prison Supervision
There’s No Such Thing as Merger for Sentencing - State v Earls
Repeat Property Offender – A Court-Martial is not a Prior Conviction - State v Earls
Lesser Included Instructions – Crimes vs. Violations-State v. Swanson
Speedy Trial – Consent - Reasonable Delay-State v. Glushko
Preservation – Prior Bad Acts - State v Jones
Search Warrant – Stale Facts - State v Ulizzi
Attempted Rape III – Intent to Have Intercourse - State v Hennegir
Attorney Fees – Sentencing on Remand - State v Young
Delinquency – School Search – Consent - State v MWH
UUV – Passenger – Probable Cause for Arrest - State v Rayburn
DUII – Sleep Driving - State v Newman
Vertical Proportionality – Misdemeanor vs Felony Probation Revocation - State v Chase
Dependency – Change in Permanency Plan to Guardianship - DHS v NS
Appeal – Supplemental Judgment - State v White
Restitution – Good Cause to Extend Past 90 Days - State v Landreth; State v Martinez; State v Unis; State v Condon
Probable Cause – Attempted DUII - State v Minow
Recording a Police Officer - State v Neff
Equal Privileges – Aggregation of Thefts - State v Smith
Harmless Error – Southard - State v Olsen
Compelling Circumstances/Custodial Interrogation - State v Northcutt
PCR – Inadequate Assistance of Counsel - Jones v Oregon
Plain Error – OEC 513(2) - State v Benson
Dependency – Change in Permanency Plan to Adoption - DHS v NML.
Dependency – Jurisdiction - DHS v DSF
Maximum Determinate Sentence - State v Savelieff
Theft by Deception – Intent to Defraud - State v Reynolds
Criminal Trespass II – Invitation to Enter - State v Schneider
Appeals – Appellate Jurisdiction - State v Coleman
Sex Cases – Prior False Accusations - State v Nelson
Punitive Contempt of Court – “Willfully” - State v Keller
Appellate Discretion – “Strategic Purpose” - State v Banks
Reasonable Suspicion – DUII - State v Braukman
Dependency – Continuation of Jurisdiction Based on Original Jurisdictional Judgment - DHS v GE
Dependency – Change of Permanency Plan to Adoption - DHS v LB
Southard – Plain Error – Discretion to Correct - State v Pickett
Dependency – Child’s Statements Admissible as Party-Opponent - DHS v GDW
Warrantless Searches – Automobile Exception– State v Kurokawa-Lasciak
Equal Privileges – Prosecutorial Charging Decisions - State v Washington
Merger – Possession of Multiple Firearms - State v Bell
Hearsay – Forfeiture by Wrongdoing - State v Supanchick
Expert Testimony – Cross - State v Supanchick
Relevance – The Reid Technique - State v Supanchick
Identity Theft – Merger – Separate Victims - State v Mullen
Lay Opinion Testimony – Child Abuse – State v. Davis
Victim’s Prior Abuse – Shaken Baby – State v. Davis
Appellate Jurisdiction – Due Process – Guilty Plea – State v. Cloutier
Expert Qualifications – Police Officers – State v. Dunning
Impeachment – Witness on Probation – State v. Dunning
Appeals – Supplemental Judgments – State v. Mullins
Diagnosis of Sex Abuse (Southard) – Plain Error – State v. Vidal
Criminal Episodes – Increasing Criminal History Score – State v. Bryant
Civil Commitment – Basic Needs – State v. M.J.
Stop – Free to Leave – Seizure – State v. Singer
Compensatory Fine – Plain Error – State v. Martino
DUII Breath Test – Exigent Circumstances – Machucha- State v. Amos
Stalking Order Violations – Free Speech – State v. Ryan
Stop – Free to Leave – Show of Authority - State v Dudley
Stipulated Agreements - Clement v Mills
FAPA Restraining Order – Abuse – Fear of Imminent Bodily Injury - Hubbell v Sanders
FAPA Restraining Order – Abuse – Fear of Imminent Bodily Injury - Holbert v Noon
DUII Conviction Fee (the 2009 version) - State v Wilson
Warrantless Breath Test – Machuca - State v Martinez-Alvarez
Stalking Protective Order – Unequivocal Threat - State v Ko
Criminal Mistreatment – Withholding of Care - State v Drown
Civil Commitment – Basic Needs - State v D.M.
Search – Inventory - State v Jorgensen
Seizure – Exigency – DUII - State v Brossart
September 1, 2011 - OR.S.Ct.
Search – Emergency Aid - State v Baker
Legal Malpractice – PCR – The Stevens Exoneration Rule - Drollinger v Mallon
Parole Determinations – Juvenile Aggravated Murderers Sentenced Between 1990 and 1995 - Engweiler v Felton
Stop – Point of Seizure/Reasonable Suspicion - State v Jones
Statute of Limitations – Commencement of a Prosecution - State v Grierson
Search – School Search – Reasonable Suspicion - State v B.A.H.
Identity Theft – Mere Possession of stolen ID - State v McAtee
Impeachment – Prior Convictions – 15 years – Confinement - State v Rowland
Prejudice – Lopez-Minjarez (natural and probable consequence instruction is bad law) - State v Fernandez
PCR – Judgment Fails to State Legal Basis - Tyree v Nooth
Accomplice Liability – The Natural and Probable Consequences Instruction is Bad Law – State v Lopez-Minjarez
OEC 609-1 – Bias – “a mere tendency to show bias” - State v Phillips
Marijuana Diversion – Inapplicable to Possession Within 1000 Feet of a School - State v Durham
Burglary I – Entering or Remaining – Boots Instruction - State v Pipkin
Assault IV – Physical Injury - State v Pipkin
Warrantless Search – Automobile Exception - State v Wiggins
Vehicle Stop – Reasonable Suspicion - State v Wiseman
Vehicle Stop – Reasonable Suspicion - State v Simpson
Preservation – MJOA – Tampering With a Witness - State v Diaz-Guillen
Termination of Parental Rights – Detriment to Child - DHS v AMC
Right to Counsel – Invocation on a Different Case – “Factually Unrelated” - State v Potter
Preservation – Plain Error – Southard - State v Wedel
Restraining Order – “Abuse” - Sacomono v Burns
Miranda – Mirandized Confession Following a Non-Mirandized Confession - State v Johnson
Cruel and Unusual Punishment - State v Johnson
Stop – Free to Leave - State v Wright.
Arrest – Placing a Suspect in Handcuffs/Probable Cause - State v Hebrard
Criminal Mistreatment I – Contractual Agreement - State v Nolen
TPR – Whether condition of parent is “seriously detrimental” - DHS v HLR and KD.
Preservation – State v Ofenham
Search Warrant Affidavit – Probable Cause – State v Marsing
Stop – Free to Leave & Reasonable Suspicion - State v Dampier
Juvenile – Court Ordered Visitation - G. J. L. v. A. K. L.
Search and Seizure—Stop of a Passenger State v. Lantzsch
Merger—Robbery State v. Colmenares-Chavez
Parole—Effect of Consecutive Sentences Shelby v. Board of Parole
Right to Counsel—DUII Breath Test State v. Robinson
DUII—Comment on Refusal to Take Breath Test State v. Robinson
Civil Commitment—Danger to Others State v. D.L.W.
Juvenile—Sibling Visitation Dept. Human Services v. J.R.F.
TPR—Past Alcohol Abuse Dept. of Human Svcs v. K.K.M.
Timeliness of Appeal State v. Faust
Probation Violation Hearing – Right of Confrontation State v. Monk
Merger – Assault – Sufficient Pause State v. Bryan
Stop–Free to Leave State v. Zamora-Martinez
Juveniles–Termination of Parental Rights DHS v. CMP
Self Incrimination–Compelling Circumstances State v. Ford
Hearsay—Statements Against Penal Interest State v. Cazares-Mendez/Reyes-Sanchez
Jury Instructions—Reversible Error State v. Maney
Hearsay—Reversible Error State v. Harper
Speedy Trial—Subsequent Indictments State v. Loza
Disordered Mental State—Recklessness State v. Nebert and State v. Logan
Termination of Parental Rights State v. L.E.G.
Statutory Counterparts–ORS 813.010 State v. Rutherford
Another Southard Error State v. Bamahtov
Southard–Opening the Door in Cross Examination State v. Martinez-Sanchez
Southard–Vouching, Not Reliability State v. Kelly
Search and Seizure—Stop State v. Rutledge
Juvenile Court Jurisdiction—Appeals Dept. of Human Services v. N.L.
Equal Privileges—Aggregation of Counts State v. Savastano and State v. Pettengill
Sex Abuse II – Consent/Under 18 – Proportionality – State v Simonson
Rape/Sex Abuse—Admission of Prior Bad Acts – State v. Moore
Failure to Register as a Sex Offender—Supervising Agency – State v. Reigard
Measure 11 Sentencing—Mental Capacity as a Factor – State v. Wilson
Child and Family Services – Permanency Judgments – Judgment Must Be Based on the Record – Dept. of Human Services v. G.E.
DUII Trials – Expert Testimony – Sufficiency of Evidentiary Foundation – State v. Eumana-Moranchel
Criminal Mischief - Property Used in Direct Service to Public – State v. Wray
Probation – Special Conditions – High Vice Area – State v. Donahue
Burglary – MJOA – Intent – State v. Martin
ID Theft – MJOA – Intent - State v. Martin
Dependency – Child Endangerment – Child Pornography – In the Matter of T.F.
Evidence – No Foundation for Scientific Evidence in Clear Case – State v. Branch
Speedy Trial – No Consent for Delay Where FTA at Indictment – State v. Coulson
Merger – “Sufficient Pause” and Separate Convictions – State v. McConville.
Probation – Indeterminate PPS Term Prohibited – State v. Gutierrez.
Restitution – Hit and Run Property/Injury - State v. Bassett
Civil Commitment- Dangerousness – State v. D.S.
Miranda – Compelling Circumstances – State v. Nunez
DV Hearsay Exception – A Kid Is Not a “Cohabiting Person” - State ex rel Juvenile Dept. of Washington Cnty. v. C.M.C.
Child Support – Income-Withholding and Federal Assistance – Gellalty v. Gellalty
PV Revocations – Proper Grid Block / Revocation Not a Sentencing - State v. Anderson
Attempted DUII – Jury Instruction - State v. Baty
DUII – Diversion Eligibility – Statutory Counterpart - State v. Donovan
Southard Error—Two Victims/One Trial – Appellate Review - State v. Freitas
Wiretapping Statute – Aggrieved Party - State v. Klein
Restitution – DA Must Present Evidence of Amount of Damages - State v McLaughlin
Restitution – Hit and Run - State v. Moore
Parole Revocation – Imposition of Original Sentence - Murphy v. Board of Parole
Designating Predatory Sex Offenders - Smith v. DOC
Using a Child in a Display of Sexually Explicit Conduct – Observers - State v. Tyson
Concealed Handgun Licenses – Medical Marijuana – Willis v Winters
Recklessness – Summary Judgment – Morehouse v Haynes
Confessions – Statutory Exclusion for Promises of Leniency - State v Powell
TPR – Integration - DHS v ALM
- Private Indecency – Jails – Reasonable Expectation of Privacy - State v Miller
- Endangering the Welfare of a Minor – “Permit” a Child to be Present - State v McBride
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Or.S.Ct. – Protective Sweeps – Reasonable Suspicion of Danger – State v Guggenmos
- Merger – UUV and PSV Merge – State v Noe
- Merger – Theft - State v Noe
- Merger – DCS and DCS w/in 1000 feet - State v Rodriguez-Gomez
- TPR – Appeals -DHS v BJB
- Prosecutorial Misconduct: Comment on Defendants Failure to Present Evidence—State v Henderson
- Upward Departure: UUW—State v Pedro
- 404(3): Prior Similar Acts to Prove Lack of Consent—State v Klontz
- Stop: Ashbaugh—State v Parker
- Venue: Prostitution Over the Phone—State v Harris
- Corroboration: Accomplice Testimony—In the Matter of BML
- Civil Commitment: Dangerousness to Self—State v JDS
- Stop (Hall): Taking ID or information can be a stop under Ashbaugh—State v Radtke
- Aiding and Abetting: Concurrence—State v Phillips
- Stop: Reconsideration in light of Ashbaugh—State v Levias
- Self-Incrimination: Compelling Circumstances—State v Nieman
- Coercion: Attempt—State v. Pederson
- Attempted Aggravated Murder: Intent Instruction—State v Pederson
- Exploitation/Attenuation: Minimal Factual Nexus—State v Courtney
- Restitution Within 90 Days: Good Cause to Extend—State v Murrell
- Speedy Trial—State v Bellah
- Robbery I: ”Use” of a Weapon—State v Osborne
- Prior Bad Acts: Intent—State v Ofoegbu
- 200% rule: Gun Minimum—State v Cervantes-Avila
- Assault II: By means of a dangerous weapon—State v Hagstrom
- Failure to Register as a Sex Offender: No Duty to Provide Address Verification—State v Depeche
- Failure to Register as a Sex Offender: Venue—State v Depeche
- Probable Cause: Dog Sniffs—State v Foster and State v Helzer
- Notice of Appeal: Supplemental Judgment—State v Fowler
- Stop: Attenuation— State v Lay
- Confrontation Clause: Return of Service—State v Tryon
- PCR Prejudice: Consecutive Sentences—Pendergrass v Coursey
- OEC 609(3) Prior Conviction: 15 year period—State v Lopez
- Rape/Sex Abuse: Forcible Compulsion – Mental State—State v Nelson
- Due Process: Fresh Pursuit Act—State v Weller
- Merger means Merger of Conviction—State v Mason
- Felony Elude/Resisting Arrest – Tribal Officers are Officers State v Kurtz
- Evidence – Motive – Satanism State v Brumwell
- DUII - Intoxilyzer Malfunction: When a Card is Complete—State v Roberts
- Traffic Stop: Passenger/Free to Leave—State v Jones
- Assault I: Dangerous Weapon—State v Kuperus
- Waiver of Counsel: Voluntariness—State v Easter
- Stop: Objective Probable Cause—State v Elmore
- Hearsay: Unavailability—State v Simmons
- Accomplice Liability: Natural and Probable Consequences—State v Tucker
- Sex Cases: There Shall be No Diagnosis in the Absence of Physical Findings—State v. Thomas
- Sex Abuse: Sufficiency of Evidence of Penetration (Plain Error)—State v. Gonzalez
- Sex Abuse: Expert Diagnosis of Abuse w/o Physical Evidence (Plain Error)— State v. Gonzalez
- Civil Commitment: Sufficiency of Evidence of Risk of Harm—State v. D.A.H.
- Dependency: Sufficiency of Evidence for Judgment of Adoption)—D.H.S. v. H.R.
- Failure to Report Accident: Mens Rea as to Triggering Injury—Hazen v. D.M.V.
- Felony Hit and Run: Who is a “Victim” for Purposes of Merger—State v. Moncada
- Confessions: Sufficiency of Evidence Corroborating Confession of Sex Abuse—State v. Ofodrinwa
- Improper Diagnosis of Sex Abuse: Harmless Error Analysis—State v. Brown
- Sex Abuse: Is Semen a Sexual or Intimate Part of Defendant’s Body—State v. Serafin
- Accomplice Liability: Circumstantial Evidence of Intent—State v. Baranovich
- Accomplice Liability: “Natural and Probable Consequences” Instruction—State v. Perez-Chi (per curiam)
- DUII Breath Test: Opportunity to Seek Advice of Counsel—State v. Hyatt (per curiam)
- Motions to Suppress: New Crime Exception to the Exclusionary Rule—State v. Prasad
- Substantive Issue Unidentified—State v. Guzman
- Jury Trial: Enhancement Facts on Remand for Resentencing—State v. Hollingquest
- Jury Trial: In-Trial Waivers and The Prosecutorial “Objection” Revisited—State v. Harrell
- Miranda Warnings: Exploitation and Pre-Miranda Interrogations—State v. Bielskies
- Using a Child in a Display of Sexual Conduct: Definition of ”Permitting”—State v. Porter
- Restitution: Contested Amounts and Required Hearings—State v. Umphery
- Negotiating a Bad Check: Proof of “Knowledge” that a Check will not be Honored—State v. Kirkland
- DUII Diversion: Timeframe for Acts Relevant to Revocation—State v. Reed
- Search and Seizure: Traffic Stops and Possessory Interests in Automobiles—State v. Whitlow
- Parole Revocation: Requisite Evidence, Vagueness of Special Conditions and Right to Counsel—Murphy v. Board of Parole
- Motion for Reconsideration: Successfully Appealing Denial of MTS—State v. Hartman (per curiam)
- Diagnosis of Child Sexual Abuse: Plain Error to Admit Absent Physical Corroboration—State v. Robledo (per curiam)
- Waiver of Jury Trial: Enhancement Facts—State v. Lafferty
- Waiver of Jury Trial: The Prosecutorial “Objection”—State v. Wilson
- Waiver of Jury Trial: Conditional Release Agreements not Sufficient —State v. Bailey
- Unlawful Use of a Weapon: Merger and Lesser-Included Offenses—State v. Gray
- Mandatory Terms of Post-Prison Supervision: Mootness—State v. Fulleylove
- Motions for New Trial: Appellate Review—State v. Alvarez-Vega
- Aiding and Abetting: ”Mere Presence” Insufficient—State v. Burgess
- Money Laundering: Intent to Promote a Future Unlawful Activity—State v. Kholstinin
- FDWS: Proof of Suspension’s Existence (not Validity) Required—State v. Rust
- CAA Fees: Requesting Special Findings of “Ability to Pay”—State v. Ashley
- Diagnosis of Sexual Abuse: Confirmatory Physical Evidence and OEC 403—State v. Legore (per curiam)
- Involuntary Commitment: Sufficiency of the Evidence—State v. A.S. (per curiam)
- PPS and First Degree Rape: Max Indeterminate Sentence Less Time Served—State v. Clark (per curiam)
FEBRUARY 9, 2011
Yesterday’s research is still good today. No new cases of any kind. Except for the 5 AWOPs. However, the court did release this report about how busy they are.
From Jesse Wm. Barton, promoted from comments:
The report explains that the Oregon Judicial Dept. (OJD) is seeking three new COA judgeships as a means of allowing the court to “tread water” in keeping up with its caseload. This is a great idea. When the 1969 Legislature first created the court, it had only six judges. The 1977 Legislature increased the number to 10, as a means of reducing the court’s case backlog. Now here we are, 34 years later, and the number is still 10. Whatever case backlog existed in 1977, which compelled the legislature to increase the court’s size by two-thirds, must be miniscule compared to the current backlog, when OJD is asking the legislature to increase the court’s size by only three-tenths.
But the backlog isn’t the only problem that the court’s caseload causes. In a moment of candor that she may someday come to regret, an AAG once told me that when she was a staff attorney with the COA, she and the other staff attorneys considered it a “personal victory” when they persuaded the panel of judges to AWOP a case because, for example, the appellant’s claims weren’t preserved. It was a “victory,” she explained, because an AWOP meant less work for all involved.
More judges could mean fewer cases AWOP’d, and that could mean fewer cases AWOP’d improperly. And there should be no doubt that these days the court improperly AWOPs more cases than it has in the past. Proof of this is the frequency of OSC decisions to allow review of and even to reverse COA AWOP decisions, compared with the frequency of, say, 15 years ago.
- Child Sex Cases: 803 (18a)(b) Hearsay Notice—State v Chase
- Theft: Aiding and Abetting “After the Fact”—State v Wilson
- Theft: Merger—State v Logan
- Probation Hearing: Confrontation—State v Vaana
JANUARY 26, 2011
Yesterday’s research is still safe today. No criminal, delinquency, dependency, commitment or other relevant cases released today.
So instead please watch this news clip about a terrible injustice in Michigan. A judge ruled that a photogenic white girl will be tried as a black adult. This is the sort of thing that could spread to Oregon if we’re not vigilant.
- Dependency: Judgment must contain 476(2)(b,c) Findings—DHS v WF
- Merger: Burglary—State v Vineyard
- Sex Abuse: Diagnosis of Abuse Without Physical Evidence—State v Graue; State v Orellano
- Evidence: FRE 404(3) Prior Bad Acts—State v Martin
- Plea Bargain: Guardian Ad Litem—Kinkel v Lawhead
- Max Sentence: Prison + PPS—State v Elk
- Eyewitness ID: Suggestive Procedure Outweighed—State v James
- Probation Hearing: Hearsay/Confrontation—State v Terry
- Sex Cases: Uncharged Misconduct Evidence—State v Leistiko
- Stalking Order: Sufficiency—Johnson v McNamara
- Stop: Reasonable Suspicion—State v Mitchele
- Stop: Reasonable Suspicion—State v Hiner
- Delinquency: Restitution—State v NLD
- Assault I: Serious Physical Injury—State v Alvarez
- Assault I: Merger—State v Alvarez
- Dependency: Permanency Plan/Adoption—DHS v ST
- Search: Implied Consent—State v Olinger
- Motion for Continuance: Due Process—State v Gale
- Speedy Trial: 6 Months of Unexplained Delay—State v Dobson
- Civil Commitment: Dangerous to Self—State v B.B.
- Parole Board hearings: Right to Review Records—Fisher v Board of Parole/Gordon v Board of Parole
- PCR Appeal: Sex Abuse—Adams v Nooth
- In-Court Identification: Suggestive Throwdown—State v Lawson
- Merger: Att. Assault II and Assault IV—State v Tyler
- Amendment of Sentence without Defendant’s Presence—State v Herring
- Restitution: Counseling Costs—State v. Tippets
- Plainly Erroneous PPS Terms—State v Delgado
- Automobile Exception: Parked Vehicle—State v Groom
- Sex Abuse Diagnosis: “Highly Concerning for Sex Abuse” (Bench Trial)—State v Davilia
- Civil Commitment: Dangerous to Self—State v D.R.
- MJOA: DUII (Alcohol/Pot combo)—State v Harmon
- Prison Sentence: No Contact Order—State v Langmayer
- DUII Bicycle: Driving Revocation—State v Abbey
- VRO Contempt: Not a Conviction—State v Reynolds
- Stalking: Motion to Seal the File—Cox v M.A.L.
- Preservation of Jury Instruction Objection: Must except after instructions are read—State v Pena
- Confession vs Admission: Corroboration—State v Kelley
- Merger: Assault I and Unlawful Use of a Weapon—State v Cufaude
- Search Warrant: Sufficiency of Affidavit—State v Fronterhouse
- Stop: Extension/Unavoidable Lull—State v Jones
- Waiver of Right to Jury Trial: “Intelligently”—State v Stewart
- Vouching: Diagnosis of Sex Abuse—State v Cordova-Contreras
- Upward Departure: Notice to the Court not Required—State v Guyette
- Impeachment for Bias: Initial Showing—State v Fish
- Upward Departure: Persistent Involvement—State v Skaggs
- DUII Diversion Eligibility: Prior Similar Program—State v Bentley
- Merger: Attempted Theft and UEMV—State v Medley
- Multiple Fines: Compensatory Fine and Court Fine Impermissible—State v Moore
- Interrogation: Assertion of Right to Counsel—State v Roberts
- Preservation: Jury Instructions—State v Guardipee
- Civil Commitment: Speculation—State v F.C.
- Stop: Free to Leave—State v Levias
- Search: Shoe Soles—State v Hartman
- Escape II: ”Custody”—State v Alexander
- Statute of Limitations: Sex Offense Exception (Attempts)—Lamb v Coursey
- Interfering with a Peace Officer: ”Lawful Order”—State v Johnson
- Scientific Evidence: HGN—State v Ingram
- Emergency Aid: True Emergency—State v Tabib
- Probation Hearing: Hearsay (Confrontation/Due Process)—State v Wibbens
- Violation of a Stalking Protective Order: Free Speech—State v Nguyen
- Preservation: Foundation/Vouching—State v Bigelow
- Search and Seizures: Emergency Aid Exception—State v Fredericks
- Merger: Aggravated Murder—State v Thomas
- Consecutive Sentencing: PV Revocations—State v Newell
- Failure to Appear: MJOA—State v Carter
- Disproportionate Sentencing/Cruel and Unusual Punishment—State v Wiese
- Restitution: Charged and Uncharged Conduct—State v Carson
- Search and Seizure: Emergency Aid Exception—State v Mazzola
- Upward Departure: Pleading—State v Sanchez
- Sex Cases: Defendant entitled to Jury Instruction on other Crimes—State v Berry
- Telephonic Harassment: Intent to Harass/Annoy—State v Koenig
- Criminal Trespass: ”Lawfully directed”—State v Koenig
- Harmless Error Analysis—State v Sanchez-Alfonso
In addition to the following cases there was also a reversal in light of Lupoli here and two remands from the Supremes in light of Lennon here and here. As well as an annoying preservation case here, that stands for the proposition that if a judge suggests an argument, you should adopt it as your own.
- Search Warrant: Sufficiency of Evidence—State v Tropeano
- License Suspension: Breath Test Refusal—Tidwell v DMV
- Stop: Unavoidable Lull—State v Hall
- Mental State: Failure to Obey a Lawful Order—State v Ruggles
- Misstatement of Evidence in Rebuttal—State v Rosenbohm
- Parole: Sex Offender Conditions—Simpson v Board of Parole
- Hearsay: Effect on the Listener—State v Hren
- Impeachment for Bias: Pending Criminal Cases and Warrants—State v Calderon
- Compelling Prostitution: It’s for Pimps, Not for Johns—State v Vargas-Torres
- Constructive Possession—State v Van Nostern
- PCR: Late Filing Escape Clause—Fisher v Belleque
- Search: Mere Inquiry—State v Salvador
- Merger: Forgery—State v Salvador
- Speedy Trial—State v Ton
- Sentencing on Remand—State v Claborn
- Search: Automobile Exception—State v Kurokawa-Lasciak
- Lesser Includeds: Violations—State v Swanson
- Search and Seizure: Consent to Search—State v Zamora
- Search Warrant: Surgical Procedure—State v Everett
- Stalking Order Violation: Oregon Free Speech—State v Ryan
- Search and Seizure: Random Searches of DMV Records—State v Davis
- Amending an Indictment: Subcategory Facts—State v Williams
- Search and Seizure: Emergency Aid Doctrine—State v Baker
- Theft: Evidence of Value—In the Matter of H.S.
- Search and Seizure: Attenuation—State v Nell
- PCR: Ag Murder Penalty Phase—Montez v Czerniak
- Dependency: Intent to Abandon and Location of Psychosexual Evaluation—State v R.H.
SEPTEMBER 8, 2010
Today is one of those rare days where the Appellate Court has broken no new ground. Go forth into trial with the knowledge that yesterday’s research is still good today.
There is one per curiam opinion (conceded by the AG) in which the court finds that it was reversible error (even though unpreserved) not to merge two sex abuse cases based on the same conduct and alternate theories that (A) the victim did not consent and (B) the victim was incapable of consent because under 18. State v True
- Restitution: Definition of Victim—State v Patton
- Lab Reports: Confrontation Clause Objection Required—State v McNeely
- Probation Revocation: Failure to Pay Restitution—State v Kacin
- Stop: Extension—State v Gant
- Dependendency: ICWA Jurisdictional Findings—State v N.L.
- Post Prison Supervision: PPS doesn’t start during Incarceration—State v Norris
- Search Warrant Affidavit: Corroboration of Informant—State v Duarte
- False Information to a Police Officer: Mental State—State v Ormsby
- Requested Jury Instructions: Modify them to fit your Case—State v Nebel
- Dismissal with Prejudice: Use as a Sanction—State v Romero
- Merger: Stalking Protective Order—State v Sierzega
- Stalking: MJOA—State v Sierzega
- Johns Evidence: Uncharged Misconduct—State v Pitt
- Dependency: Finding of Jurisdiction—State v. S.T.S.
- Restitution: Security Measures—State v Steckler
- Inventory Search: ”Designed to carry valuables”—State v Keady
- Dependency: Indian Child Welfare Act (ICWA) Good Cause—DHS v KRC
- STOP: Right for the Wrong Reasons—State v Higley
- Civil Commitment: Basic Needs—State v A.M.-M.
- Illegal Hunting: Enclosed Land of Another—State v Kimble
- Diagnosis of Sex Abuse: Reversible Error not to Hold a 104 Hearing—State v Evans
- Pro Se Representation: Inappropriate Denial = Structural Error—State v Blanchard
- Accomplice Liability: Specific Intent Required—State v. Lopez-Minjarez
- Merger: Assault—State v. Watkins
- Departure Factors: Pending Charges—State v. Boitz
- Vehicle Impound: Deterrence is not a Justification—State v. Gonzales
- Preservation: Extension of a Stop—State v. Tanner
- Search and Seizure: Extension of a Stop—State v. Gomes
- Juvenile Dependency: Drug Use—Department of Human Services v. C.Z
- M11: Juvenile Crime/Adult Trial—State v Godines
- Stalking Order Hearing: No Right to a Jury Trial—Foster v Miramontes
- Juvenile Dependency: RCWA—DHS v MJ
- Merger: Appeal after Guilty Plea—State v. Sauceda
- Sentencing: Constitutional Proportionality—State v. Alwinger
- Sentencing: PPS Term Must Be Determinate—State v. Mitchell
- Civil Commitment: Danger to Others—State v. A.M.R.
- Consent to Search: Housemate can’t Override Objection to Search—State v. Caster
- Felon in Possession: Knowledge that one is a Felon—State v Rainoldi
- Patdown: Scope—State v Coffer
- Miranda: Implied Consent Warning is not Interrogation—State v Gardner
- Merger: Identity Theft—State v Hathaway
- Stop: Seizure of a Passenger—State v. Smith
- Fines: Ability to Pay—State v. Lewis
- Statutory Speedy Trial—State v. Davis
- DUII: Breath Test Refusal—Fitzpatrick v. DMV
- DUII: Diversion Eligibility—State v. Talley (per curiam).
- Search Incident to Arrest: Cell Phone—State v. Nix
- Double Jeopardy: VRO vs. Assaults—State v. Potter
- Venue: Vehicle—State v Duff
- Right to Counsel: Restitution Hearing—State v Phillips
- Tampering with a Witness: Official Proceeding—State v Mathis (per curiam)
- Vertical Gaze Nystagmus Test: Scientific Validity—State v. Bevan
- Failure to Register: Venue—State v. Turner
- DUII Breath test refusal: Right to consult attorney—State v. Roesler
- Sentencing: Post Prison Supervision Conditions—State v. Reed
- Due Process: Right to names of Witnesses—State v. Bittner
- PCR: Inadequate Counsel—Holcomb v. Hill
- Search: Third Party—State v. Stokke
- Merger: One crime, Multiple theories = One conviction—State v Lepierre
- Identity Theft: Intent to Defraud is Broad—State v Alvarez-Amador
- Confrontation: Testimonial Statement—State v Alvarez-Amador
- Civil Commitment: Basic Needs—State v B.C.
- Jury Instructions: Theory instructed must match theory charged—State v Pierce
- Merger: Rob II—State v Paniagua-Miguel (per curiam)
- Speedy Trial: When Assent turns into Consent—State v Doak
- PCR: Merger—Ross v Hill
- Stop: Reasonable Suspicion—Sivik v DMV
- Dependency: Dispositional Evidence—DHS v BJW
- Evidence: Relevancy—State v Davis
- Stalking Order: Extension of Probation—State v Baker
- Stalking Protective Orders: Unwanted Contacts—McGinnis v Bronson
- Restitution: Funeral Expenses—State v Ceballos
- Failure to Perform the Duties of a Driver: Knowledge of Injury—State v Hamlett
- Stop vs Arrest—State v Medinger
- DUII Diversion: Eligibility (Prior Treatment)—State v LaGrassa
- Sex Abuse: Admissibility of Diagnosis (CARES)—State v Clay
- DUII Diversion: Ineligibility for Prior Participation in Treatment—State v Parker
- Stop: Criminal Investigation—State v Maxie
- DUII: Illegal Consent for Breath Test—State v Hays
- Dependency: Transfer of Jurisdiction—DHS v GG
- Official Misconduct I: Sufficiency—State v Peterson
- Sentencing Guidelines: Unconstitutionality/Vagueness—State v Davilla
- Statute of Limitations: Aggravated Murder—State v Anthony
- Hearsay: 3rd party Confession (Due Process)—State v Anthony
- Marijuana Possession: Full Faith and Credit/Interstate Travel—State v Berringer
- Preservation—State v Phillips
- Plain Error: Firearm Minimums—State v Medina
- Preservation: GEI—State v Harbick
- Preservation: Seizure—State v Walker
- Prosecutorial Misconduct: Mistrial and Double Jeopardy—State v Garner
- DUII Diversion: Fines—State v Rowland
- Sex Abuse: Doctor’s diagnosis—State v Lovern
- Sex Abuse: Medical Expert’s Diagnosis—State v Merrimon
- Stop: Extension—State v Klein
- Search Warrant: Stale Facts—State v Daniels
- Stop: Unlawful Extension—State v Alvarez
- Stop: Free to Leave—State v Deneen
- Restitution: Future Treatment—State v Powell
- DUII: Advice of Right to Privacy—State v Mendoza
- MJOA: Assault III (Mere Presence)—State v Fry
- Speedy Trial: Misdemeanors—State v Lee
- Reconsideration—State v Anderson
- Stop: Attenuation—State v Towai
- Merger: Repeated Violations of the Same Statute—State v Bowers
- Stalking Protective Order: Speech—Swarrangim v Olson
- Criminal History: Issue Preclusion—State v Gipson
- Dependency: Adoption—State v L.C.
- Felony/Agg Murder: Burglary—State v Dasa
- Speedy Trial—State v Allen
- Voluntary Intoxication: Disordered Mental State (Diminished Capacity)—State v Bassett
- Stop: Free to Leave—State v Zaccone
- Waiver of Supervision Fees—State v Curtis
- Stop: Reasonable Suspicion—State v Khoshnaw
- Merger: Assault I/Assault II—State v Sullivan
- Boyd Delivery: Jury Instruction—State v Schwab
- Right to Counsel: Proper Request—State v Burghardt
- Reasonable Suspicion: Dissipation—State v Moreno-Rosales
- Preservation: Plain Error—State v Reyes Sanchez
- Right to Remain Silent—State v Davis
- Sex Abuse: Forcible Compulsion—State v Marshall
- Theft: Multiple items Merge—State v Huffman
- False Information: Sufficiency—State v Huffman
- Prior Bad Acts—State v Momeni
- Merger: Theft—State v Bergman (per curiam)
FEBRUARY 24, 2010
Yesterday’s research is still good today.
Unless you’re researching fish and wildlife mitigation plans for new resorts. Then you might want to check out today’s LUBA decision.
- Sentencing: Disproportionality—State v Baker
- Felony Elude/Resisting Arrest: Indian Trial Officers—State v Kurtz
- Prosecutorial Comments on Right to Remain Silent—State v Clark
- Dependency: Relinquishment—DHS v JLJ
- Giving False Info to a Police Officer: Mental State—State v Smith
- Felon in Possession: Demurrer—State v Anderson
- Theft: Mental State—State v Davis
- Seizure: Victim—State v Fair
- Due Process: Hearsay unavailability—State v Casarez-Mendez
- Search and Seizure: Exigent Circumstances—State v Sanders
- Consent: Illegal Stop—State v Lovell
- Miranda: Compelling Circumstances—State v Schwerbel
- Disproportionality/Cruel and Unusual Punishment—State v Shaw
- Dependency: Mootness and Jurisdiction—State v L.B. and N.A.M.
- Delinquency: Knowing and Intelligent Waiver—State v L.A.W.
- Indictment: Demurrer—State v Molver
- Good Time Hearings—State v Portis
- Search and Seizure: Automobile Exception—State v Smalley
- Parole: Statutory Exceptions—State Ex Rel Sopher v Washington
JANUARY 13, 2010
Nothing but AWOPs from the Appellate Court this week. :(
Affirmed without opinion as far as the eye can see. Assuming you can’t see any farther than 19 cases.
- Probable Cause: Drug Dog—State v Foster
- Failure to Appear: 1st vs 2nd degree—State v Arney
- Upward Departure: Vulnerable Victim—State v Enemesio
- Stalking Protective Order: Free Speech—Buskirk v Ryan
- Interfering with Public Transportation: Shared Public Use Platforms—State v Begay
- Theft by Selling Stolen Property: Proportionality—State v Rocha
- Felon in Possession of a Firearm: Sufficiency—State v Young
- Miranda: Compelling Circumstances—State v Machain
- Citation: Commencing Prosecution—State v Robison
- Conditional Relevance: Mandatory Judicial Finding of Requisite Facts—State v Washee
- Preservation: Motion to Suppress—State v Corbin
- Stop: Extension without Reasonable Suspicion—State v Berry
- Reckless Endangering: Person must Exist (Fetus)—State v Cervantes
- Probable Cause: Failure to Drive Within the Lane—State v Vanlom
- Mootness: Return of Property (Medical Marijuana)—State v Ehrensing
- For Cause Juror Challenges/Admission of Prior Probation Evidence—State v Berliner
- Delinquency: Youth’s Best Interest—In the Matter of K.I.S.
- Attenuation: Unprompted Offer to Search—State v Phillips
- Delivery of Marijuana: A Felony—State v Brown
- Statute of Limitations: Prosecution Commencement Date—State v. Williams
- Stop: Subjective Belief—State v. Hemenway
- Withdrawal of Guilty Plea: State’s Motion—State v. Heisser
- Search and Seizure: Inventory Search—State v. Stone
- Stop: Subjective Belief—State v. Mathis
- Stop: Subjective Belief—State v Dudley
- Merger: ID Theft—State v MacDonald (per curiam)
DECEMBER 2, 2009
A whole lot of AWOPs from the Appellate Court today. No actual opinions of any kind.
Update: No Supreme Court opinions this week either.
- Search and Seizure: Passenger; Attenuation—State v Robbins
- Juvenile: Termination Set Aside—DHS v BAS
- Stop: Extension—State v Orcutt (per curiam)
- Confrontation: Lab Reports—State v Hamilton (per curiam)
- Merger: Burglary—State v McMurren (per curiam)
- Ice: Judicial Factfinding for Consecutive Sentences—State v Onuskanich (per curiam)
- Sentencing: Maximums—State v Hyman (per curiam)
- Stop: Extension—State v Montoya
- Restitution: Future Counseling—State v Cufaude
- Trespass II: Lawful Exclusion and Due Process (Adequacy of Appeal)—State v Barnes
- Failure to Report as a Sex Offender: MJOA—State v McElroy
- Speedy Trial: Calculations of Unreasonable Delay—State v Cunningham
- Suppression: Exclusion of Testimony for FTA, Consent to Search—State v Baker/Jay
- STOP: Restraint of liberty / Fruit of the poisonous tree—State v Backstrand
- Criminal Mistreatment I: Withholding of Necessary and Adequate physical care—State v McCants
- Testimonial Evidence: Medical Treatment—State v Bella
- Confessions must be Corroborated: Admissions do not need to be corroborated—State v Bella
- Stop: Restraint of Liberty—State v Billings
- Stop: Non-Traffic—State v Simcox
- Burg I: Intent to commit crime—State v Parker
- Motion to Suppress: DA Fails to appear at Hearing—State v Edwards
- DUII: Breath Test Administration—State v Valero
- Equal Protection: Labor protest exception—State v Borowski
- Dependency: Jurisdiction (Circumstances endangering welfare)—In the Matter of DAC
