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Articles by Mark Wilson

$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case

by Mark Wilson

 On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 because Plaintiff prevailed on just one of five claims, and the jury did not ...

$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case

by Mark Wilson

On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 because Plaintiff prevailed on just one of five claims, and the jury did not ...

Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena

by Mark Wilson

The Oregon Court of Appeals reversed a lower court’s dismissal of a criminal proceeding when the victim refused to comply with a subpoena to appear for trial.

Alex David Murray Lorenzo was charged with attempted third-degree assault, constituting domestic violence, for attempting to physically injure his stepfather. ...

Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order

by Mark Wilson

The Supreme Court of Oregon reversed a conviction for interfering with a peace officer, concluding that the officer did not have reasonable suspicion that a crime had been, or was about to be, committed — and his order was not a “lawful order.”

At about midnight, Beaverton, ...

Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period

by Mark Wilson

The Court of Appeals of Oregon reversed and remanded the Parole Board’s order deferring prisoner’s parole release date for eight years, ruling that “ORS 144.280(3) requires the [parole] board to issue a final order that contains findings of fact and conclusions of law when it decides to ...

Retroactive Oregon Judicial Decisions Do Not Violate Ex Post Facto Prohibitions or Due Process

by Mark Wilson

The Oregon Court of Appeals held that the retroactive application of a new judicial decision allowing imposition of a harsher sentence after a successful appeal does not violate state or federal ex post facto prohibitions or the due process clause.

In 1967, the Oregon Supreme Court held ...

‘Awful’ Oregon Closing Argument Constitutes Ineffective Assistance of Trial Counsel

by Mark Wilson

The Oregon Court of Appeals held that a criminal defense attorney’s closing argument was so deficient to constitute ineffective assistance of counsel.

Police searched a large Albany, Oregon, property after receiving a tip that Julie Ann Mitchell’s nephew and another man had hidden controlled substances on the ...

Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel

by Mark Wilson

 The Oregon Court of Appeals held that misinformation during plea negotiations about time-served credit constitutes ineffective assistance of trial counsel.

On September 9, 2011, the State of Oregon charged Omteme Moni Blayas Sanders with second-degree assault and five other offenses stemming from a single incident against his ...

Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’

by Mark Wilson

In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial in nature and subject to the self-incrimination protections of Article I, § 12 of the Oregon Constitution and the Fifth Amendment to the United States Constitution. ...

Oregon Release Agreement Did Not Require Personal Appearance; FTA Conviction Reversed

by Mark Wilson

The Oregon Court of Appeals reversed a first-degree failure to appear conviction, finding that the release agreement allowed for an appearance through counsel rather than personal appearance.

Zachary Michael Lobue was detained in jail when the State of Oregon charged him with possession of a stolen vehicle ...

 

 

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