Ryan Scott

Ryan Scott is a partner in Scott & Huggins.  He is a frequent speaker on cutting edge legal arguments and complex but essential defense topics like those below.  Ryan is a 2011 super lawyer and the winner of the 2009 OCDLA Presidents Award.   These are some of his articles on this website:

Contents:

• Aggressive Arguments of First Impression
• Sex Crimes
• Search and Seizure
• Equal Privileges
• Upward Departures
• Jury Instructions and Mental States
• Merger
• Criminal Episodes

Aggressive Arguments of First Impression

1.  Compelling Immunity for a Defense Witness

2. Why Unlawful Use of a Weapon Convictions Should Be Very Rare

3. Recklessness and Intoxication (Especially relevant to manslaughter/assault/DUIIs — see also The Difference Between Manslaughter and Negligent Homicide)

4. A Guide to As-Applied Challenges to Felon in Possession

5. Restitution and the Right to a Jury Trial  under Article I, section 17 (for Juveniles Too)

6. Is Felony Hit and Run Now Compromisible? 

7. Theft by Selling and the Proportionality Paradox

8. Improper Joinder Demurrer:  Dismissal, Not Severance (motion included)

9. Witness List Demand (motion included)

10 .  6 Crimes with Proportionality Problems

11.       Felony Computer Crime Demurrer (motion included)

Sex Crimes

1.  Is it possible to be convicted of a sex crime but not have to register as a sex offender?

2. Does the crime of Encouraging Child Sexual Abuse violate the Oregon Constitution? See also ECSA and Criminal Episodes

3. 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?

4.  Obtaining Grand Jury Notes, a riff on Fisher/Gordon v Board of Parole

5.  Rape III and Sex Abuse II (When Things Come Together:  Simultaneity, Merger and Intercourse)

6.  Should Rape and Sexual Penetration merge?

7.  Online Sexual Corruption and Luring of a Minor

Search and Seizure

1.          Challenging Search Warrants:  3 simple arguments

2.         Traffic Stop Extensions:  Why do the police ask for your insurance and vehicle registration?

3.         Little-Known Search Warrant Challenge

4.          Why Stip Facts Trials are the Death of Hope

5.          Ballistics tests without a search warrant

6.          The Flagrant Disregard Doctrine

7.          An Arrest Just for Running Away

Equal Privileges

1.    Aggregated Thefts

2.   Aggregated Thefts part II

3.  Sex Abuse II and Equal Privileges in Light of Savastano

4.  Dangerous Offender and Equal Privileges

5.  Equal Privileges and Aggravating Factors

Upward Departures

1. Tea Leaves, Momentum and Offense-Specific Aggravating Factors
2. Objections to upward departures
3. Motion:  Indictment Clause
4. Motion:  Offense Specific Factors
5. Dangerous Offender:  Finding of a Personality Disorder without a Diagnosis;  see also Dangerous Offender and Equal Privileges
   
6. Persistent Involvement, part 1
7. Persistent Involvement, part 2
8. Equal Privileges and Aggravating Factors
9.  Sentence Enhancers vs Elements, a comment on State v Sanchez

Jury Instructions and Mental States

Jury Instruction Basics (1-3-11)

Submitting Jury Instructions in a Bench Trial

1.  Assault

• Assault II and Dangerous Weapons (11-28-10)

• Serious Physical Injury (1-8-11)

2.  Kidnapping and Asportation (12-2-10)

3.  Unlawful Use of a Weapon – Threats aren’t Use (12-4-10)

4. Robbery I w/ a Firearm and Comments on the Evidence (1-6-11)

        A.   A special jury instruction for Robberies  (When your client is motivated by the desire to escape, not retain the property)

5.  Possession w/ Intent to Deliver:  the state’s requested instruction (1-6-11)

6. Accomplices:  Messy Jury Instructions (12-30-10)

7. Attempted Statutory Rape

8.  Ignorance of Age is (Sometimes) a Defense to Sexual Abuse II

9.  Poss of a Stolen Vehicle:  The State’s Requested Special Jury Instruction

Merger

Ryan’s Merger Memo

Quickie Merger Analysis

1. UUV and PSV
2. DCS and PCS - UPDATED 12-28
3. DCS, MCS and PCS revisited
4. Multiple firearms, multiple cars in a hit and run and multiple grows (Two Open Merger Questions You Should Win Easily – and one that’s a little more difficult)
5. Rape III and Sex Abuse II (When Things Come Together:  Simultaneity, Merger and Intercourse)
6. 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)
7. Why the attempt versions of very different crimes would merge
8. When might UUW merge into Felon in Possession?
9. UUW and Felon in Possession revisited
10. Homicide and DUII
11. The Class of Victims for ID Theft (merger of multiple counts)  See also ID Theft and Victim’s Rights
12. Is a Finding of a Sufficient Pause a Jury Question?
13. Should Rape and Sexual Penetration merge?

Criminal Episodes

Can a Year-Long Embezzlement Constitute a Single Criminal Episode?

1. 5 Things You Need to Know About Criminal Episodes
2. Overview
3. Encouraging Child Sex Abuse
4. Theft and ID Theft
5. Judge or Jury
6. A Strategic Demurrer  Updated w/ sample demurrer
7. The 200%rule (One More Reason a Single Criminal Episode Matters)
8. Ice Did Not Overrule Mallory
9. Multiple Victims But One Criminal Episode
10. Does “cross-relate” refer to elements or circumstances?
11. Should we just re-boot the whole criminal episode analysis?