by Mark Wilson
On March 4, 2022, Oregon lawmakersunanimouslypassedSenateBill1584, commonlyknownastheOregonJusticeforExonereesAct,joining37otherstates,Washington D.C.,andthefederalgovernmentinenactingwrongfulconvictioncompensationlegislation.
A total of 35 Democratic and Republican lawmakers ultimately supported the bill that mirrors statutes recently enacted in Idaho, Montana, and Kansas. Under the law, a person may file a claim for wrongful conviction compensation if the person: (1) ...
by Mark Wilson
Oregon’s new law restricting the publication of booking photos without a criminal conviction went into effect on January 1, 2022.
During the 2021 legislative session, Oregon lawmakers passed House Bill 3273 prohibiting public disclosure of booking photos, commonly known as mugshots, except in a few limited circumstances, ...
by Mark Wilson
Oregon’s 592 contracted public defenders, in a state with more than 4.2 million citizens, amount to just 31% of the attorneys needed to represent the state’s indigent criminal defendants, according to a two-year study by the American Bar Association’s Committee on Legal Aid and Indigent Defense (“ABA”) ...
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 ...
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 ...
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. ...
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 ...
