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, ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
by Mark Wilson
The Oregon Supreme Court held that an untimely post-conviction relief (“PCR”) proceeding may be filed if the legal and factual basis for a claim could not have been accessed, and a reasonable person would not have thought to investigate the existence of that claim within the applicable two-year statute of limitations.
In a companion case issued the same day (see below), the Court drew a line between those cases that fall within the so-called “escape clause” in ORS 138.510(3) and those that do not.
Somalia refugee Abdalla Dahir Gutale arrived in the U.S. as a teenager in 2003. When Gutale was 20 years old, he was charged with several Oregon crimes for having sex with a 16-year-old girl in April 2010.
Gutale pleaded guilty to a misdemeanor sex crime, and the remaining charges were dismissed. Under Padilla v. Kentucky, 559 U.S. 356 (2010), Gutale’s trial attorney was required to inform him of the potential immigration consequences of his guilty plea. However, neither trial counsel nor the court gave Gutale any indication that his plea exposed him to any immigration consequences, even when he stated, on the record, that he was pleading guilty because he wished to ...
by Mark Wilson
The Oregon Court of Appeals held that a warrant to search a criminal defendant’s phone violated the Oregon Constitution because it was insufficiently particular, and therefore invalid.
During a traffic stop, police arrested Sengdavanh Savath for Oregon drug and driving offenses. While searching his vehicle, officers discovered ...
by Mark Wilson
The Oregon Supreme Court held that the Legislature intended that if the state aggregates multiple identity thefts to serve as the basis for an aggravated identity theft, the identity thefts are lesser-included offenses of the aggravated identity theft and must merge for purposes of sentencing.
A person ...
