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Articles by Mark Wilson

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 convicted ...

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 convicted ...

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 ...

New Mexico AG’s 4-Year Non-Disclosure of Public Records Triggers $100 a Day Statutory Damages

by Mark Wilson

The New Mexico Court of Appeals held that the state was required to pay statutory damages of $100 per day for a four-year non-disclosure of requested public records.

Longtime animal welfare activist Marcy Britton learned of raids by the newly formed New Mexico Attorney General’s Animal Cruelty ...

$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims

by Mark Wilson

The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective.

On October 3, 2013, Robert Ragsdale complained to the NPD that he was robbed by an assailant who stole his watch and $10. He described ...

$160,000 Paid by Norwalk, Connecticut, to Settle Police Beating of COPD Patient

by Mark Wilson

The City of Norwalk, Connecticut, paid $160,000 to settle false arrest and excessive force claims against several Norwalk Police Department (“NPD”) officers.

At about 5:40 a.m., on September 8, 2011, William Irwin was asleep in his bed in a Norwalk apartment he shared with Peter Sandri. NPD ...

Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice

by Mark Wilson

The Supreme Court of Oregon clarified, and dramatically restricted, the so-called “Church motion” practice in post-conviction relief (“PCR”) cases. 

PCR is the exclusive collateral remedy for Oregon prisoners to challenge their convictions and sentences. Indigent PCR petitioners are entitled to the appointment of counsel.  ...

California Police Privacy Laws Have Been Violating Brady for Years

by Mark Wilson

An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the 1963 landmark decision in Brady v. Maryland, 373 U.S. 83 ...

 

 

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