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Articles by Mark Wilson

Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law

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) ...

Oregon Bans Pre-Conviction Mugshot Public Disclosure

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, ...

ABA Says Oregon Needs 1,296 More Public Defenders

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”) ...

$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 ...

 

 

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