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The Habeas Citebook Ineffective Counsel

Articles by Mark Wilson

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 ...

Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions

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 ...

Failure to Identify Specific Evidence Sought in Telephone Search Violates Oregon Constitution

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 ...

Oregon Identity Theft Convictions Merge Into Aggravated Identity Theft

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 ...



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