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Articles by Mark Wilson

Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law

by Mark Wilson

The Supreme Court of Vermont held that the state’s implied consent statute does not bar a voluntariness challenge to a breath test.

Every person who operates a motor vehicle on a Vermont highway is deemed to have given consent to an evidentiary breath test to determine blood ...

Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action

by Mark Wilson

The Supreme Court of Oregon held that an untimely post-conviction relief (“PCR”) action based on a new U.S. Supreme Court ruling is authorized under an “escape clause” to the statute of limitations. However, the Court then rejected the petitioner’s argument that the U.S. Supreme Court’s ...

Miranda Violation Required Suppression of Oregon BAC Results

by Mark Wilson

The Oregon Court of Appeals held that a lower court improperly failed to suppress blood alcohol content ("BAC") evidence taken in  violation of a defendant's constitutional right to remain silent.

Oregon police received information about someone driving erratically and the wrong way, nearly causing a head-on ...

Possibility of Oregon Supreme Court Review Determined by Objective Considerations, Not Affidavits from Justices for IAC Prejudice

by Mark Wilson

The Oregon Supreme Court held that a lower court misapplied the prejudice prong of the ineffective assistance of counsel standard when it found petitioner’s claim “purely speculative” in the absence of “affidavits of Supreme Court justices regarding whether the court might have allowed review.”

In 2001 ...

Wrongful Death Suit Highlights 'Pattern' of Oregon Police Shooting Mentally Ill Homeless People

by Mark Wilson

 “Officer Samson Ajir violated police directives, and common sense, by engaging in a dangerous foot chase upon entry upon a scene where Mr. Johnson was in a mental health crisis. Officer Ajir needlessly shot Mr. Johnson three times,” according to a federal wrongful death suit Johnson’s ...

Oregon Crime Victims and Prosecutors Lose Fight to Bulletproof Draconian Sentencing Law

by Mark Wilson

The Oregon Supreme Court held that a legislative reduction of voter-approved mandatory sentences for repeat property offenders that was passed by a mere simple majority was not invalid.

Since 1902, the Oregon Constitution has recognized a dual system of legislation and “two law-making bodies, the legislative assembly ...

Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred

by Mark Wilson

The Supreme Court of Oregon ruled that the Oregon Constitution requires that a warrant to seize and search a computer (and other digital devices) identify the information to be searched for, including the time that the information was created, accessed, or otherwise used. Failure to provide such ...

Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates

by Mark Wilson

The U.S. Court of Appeals for the Ninth Circuit held that Washington state’s accomplice liability statute renders the state’s drug trafficking law too broad to serve as an Armed Career Criminal Act (“ACCA”) predicate offense. 

The ACCA requires a 15-year mandatory minimum sentence for individuals ...

Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates

by Mark Wilson

The U.S. Court of Appeals for the Ninth Circuit held that Washington state’s accomplice liability statute renders the state’s drug trafficking law too broad to serve as an Armed Career Criminal Act (“ACCA”) predicate offense. 

The ACCA requires a 15-year mandatory minimum sentence for individuals ...

Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI

by Mark Wilson

The Supreme Court of Oregon held that the Oregon Constitution prohibits prosecutors from using a criminal defendant’s refusal to submit to a breath test as evidence against him in a prosecution for driving under the influence of intoxicants (“DUI”). 

Under Oregon’s Implied Consent law, an individual ...




 

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