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Simms-Belaire v. Washington County, OR, Complaint, Failure to Comply With ADA, 2020
Brief • March 6, 2020
Filed under: Americans with Disabilities Act
Simms-Belaire v. Washington County, OR, Complaint, Failure to Comply With ADA, 2020 Case 3:20-cv-00338-SI Document 5 Filed 03/06/20 Page 1 of 12 Lynn S. Walsh, OSB #924955 email: walsh@europa.com 610 SW Alder St., #415 Portland, Oregon 97205 Telephone: 503-790-2772 Attorney for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF …
Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order
Article • January 21, 2020 • from CLN February, 2020
Filed under: Police
Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order by Mark Wilson 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, …
Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period
Article • January 19, 2020 • from CLN February, 2020
Filed under: Parole
Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period by Mark Wilson 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 …
Brelin v. Oregon Dept of Corrections, OR, Settlement, Sexual Assault, 2020
Brief • January 10, 2020
Filed under: Sexual Assault
Brelin v. Oregon Dept of Corrections, OR, Settlement, Sexual Assault, 2020 Case 3:19-cv-00672-IM Document 18 Filed 01/10/20 Page 1 of 7 ELLEN F. ROSENBLUM Attorney General ANDREW HALLMAN #083480 Assistant Attorney General JESSICA SPOONER #105919 Assistant Attorney General Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) …
Coos County Sheriff's Office Contract Summary With Wellpath-5th Amendment, 2019
Publication • January 3, 2020
Filed under: Correct Care Solutions
Coos County Sheriff's Office Contract Summary With Wellpath-5th Amendment, 2019 CJ 2020-0007 COMMISSIONERS' JOURNAL COOS COUNTY, OREGON Coos County Filing Cover Sheet TO: Coos County Clerk's Office FROM : Sheriff's Office 01/03/2020 9 :38:44 AM Please file the attached document in the selected category indicated in the box below using …
Retroactive Oregon Judicial Decisions Do Not Violate Ex Post Facto Prohibitions or Due Process
Article • December 1, 2019
Filed under: 42 U.S. Code § 1983, civil action for deprivation of rights
Retroactive Oregon Judicial Decisions Do Not Violate Ex Post Facto Prohibitions or Due Process by Mark Wilson 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 …
‘Awful’ Oregon Closing Argument Constitutes Ineffective Assistance of Trial Counsel
Article • December 1, 2019
Filed under: Attorneys, Trials
‘Awful’ Oregon Closing Argument Constitutes Ineffective Assistance of Trial Counsel by Mark Wilson 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 …
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel
Article • December 1, 2019
Filed under: Guilty Pleas, Attorneys, Overdetention
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel by Mark Wilson 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 …
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’
Article • December 1, 2019
Filed under: Self Incrimination, Contempt (Civil Procedure), Fifth Amendment
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 by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Oregon Release Agreement Did Not Require Personal Appearance; FTA Conviction Reversed
Article • December 1, 2019
Filed under: Court Appearances
Oregon Release Agreement Did Not Require Personal Appearance; FTA Conviction Reversed by Mark Wilson 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 …
Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions
Article • November 16, 2019 • from CLN December, 2019
Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions by Mark Wilson 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 …
Failure to Identify Specific Evidence Sought in Telephone Search Violates Oregon Constitution
Article • October 19, 2019
Filed under: Searches, Telephone Access, Police, Traffic stop
Failure to Identify Specific Evidence Sought in Telephone Search Violates Oregon Constitution by Mark Wilson 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 …
Oregon Identity Theft Convictions Merge Into Aggravated Identity Theft
Article • October 19, 2019
Filed under: Searches, Sentencing, Police, Traffic stop
Oregon Identity Theft Convictions Merge Into Aggravated Identity Theft by Mark Wilson 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 …
Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony
Article • October 16, 2019 • from CLN November, 2019
Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony by Mark Wilson 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 …
Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant
Article • September 16, 2019 • from CLN October, 2019
Filed under: Searches, Police Searches, Police, Constitution, state
Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant by Mark Wilson 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 …
OR DOC Rates Sept 2019
Kickback publication • September 3, 2019
Filed under: Organizing, Advocacy, Prison Reform, Criminal justice system reform, Telephones, Telephone Rates
OR DOC Rates Sept 2019 9/3/2019 Department of Corrections : Telmate : Sending Money : State of Oregon (http://www.oregon.gov)   Sending Money Information for putting money on an inmate's books (/doc/sending-money/) (/doc/)  (/doc/Pages/default.aspx)  Sending Money (/doc/sending-money/Pages/home.aspx)  Telmate Site Navigation Telmate Using Telmate to Send Money With …
Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime
Article • August 20, 2019 • from CLN September, 2019
Filed under: Crime/Demographics
Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime by Dale Chappell by Dale Chappell In order to be found guilty of an attempt to commit a crime, the defendant must have intended to personally participate in the crime, and the attempt to solicit another person …
Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action
Article • August 19, 2019 • from CLN September, 2019
Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action by Mark Wilson 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” …
Miranda Violation Required Suppression of Oregon BAC Results
Article • July 13, 2019
Filed under: Blood, Police, DUI
Miranda Violation Required Suppression of Oregon BAC Results by Mark Wilson 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 …
Possibility of Oregon Supreme Court Review Determined by Objective Considerations, Not Affidavits from Justices for IAC Prejudice
Article • July 13, 2019
Filed under: Attorneys, Attorney
Possibility of Oregon Supreme Court Review Determined by Objective Considerations, Not Affidavits from Justices for IAC Prejudice by Mark Wilson 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” …
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