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Articles by Mark Wilson

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 ...

Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony

by Mark Wilson

The Oregon Supreme Court vacated a man’s convictions on multiple crimes that were based almost entirely on the testimony of his accomplices, who had entered into cooperation agreements with the State. The Court affirmed the longstanding rule that accomplice testimony must be corroborated by “other evidence” and ...

Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant

by Mark Wilson

Departing from 50 years of precedent, the Supreme Court of Oregon held that Oregonians retain a constitutionally protected privacy interest in garbage that they leave at the curb for pickup under the state’s constitution. The Court also held that police improperly invade that privacy interest when they ...

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 decision applies ...

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 collision. ...

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, Melton ...

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 mother ...



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