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$125,000 Awarded in Oregon Excessive Force Case
Article • March 2, 2018
Filed under: Excessive Force (Police)
$125,000 Awarded in Oregon Excessive Force Case by Christopher Zoukis by Christopher Zoukis In a civil rights claim brought in Oregon federal court, John B. O'Riley was awarded $125,000 after a jury found that police used excessive force against him. On September 25, 2003, police responded to a call from …
Oregon Seizes $121,000 of Deceased Veteran’s Benefits
Article • February 22, 2018
Filed under: Government Misconduct, Forfeiture
Oregon Seizes $121,000 of Deceased Veteran’s Benefits by by Mark Wilson The Oregon Court of Appeals held that a deceased veteran’s benefits could be seized by the state as reimbursement of the costs of his care at the Oregon State Hospital (OSH). Deane Preston Cloud was a disabled veteran who …
Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use
Article • February 16, 2018 • from CLN March, 2018
Filed under: Forfeiture
Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals ruled that the Eighth Amendment to the U.S. Constitution prohibits the government from seizing cash intended for drug use unless some step was taken toward actually …
Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case
Article • February 16, 2018 • from CLN March, 2018
Filed under: Attorneys, Malpractice (Attorneys), Criminal Procedure
Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case by Mark Wilson by Mark Wilson The Oregon Court of Appeals upheld a post-conviction court’s judgment that a criminal defendant was denied effective assistance of trial counsel when his lawyer failed to object to an expert witness vouching for …
Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions
Article • February 16, 2018 • from CLN March, 2018
Filed under: Prosecutor/Attorney General Misconduct, Criminal Prosecution, Prosecutors, Criminal Procedure
Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions by Mark Wilson by Mark Wilson The Oregon Court of Appeals concluded that a prosecutor’s criticism of defense counsel during closing argument “crossed the boundary of permissible argument and prejudiced defendant’s right to a fair trial.” Doug Brunnemer was …
Oregon Court Vacates Order Refusing to Seal Arrest Record
Article • January 19, 2018 • from CLN February, 2018
Filed under: Criminal Prosecution, Criminal Procedure
Oregon Court Vacates Order Refusing to Seal Arrest Record by Mark Wilson by Mark Wilson Under ORS 137.225(l)(b), “at any time after ... a dismissal of the charges,” an “arrested person may apply” to the trial court “for an order setting aside the record of arrest.” The court is required …
Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance
Article • January 19, 2018 • from CLN February, 2018
Filed under: Police Misconduct, Searches, Police Searches, Police
Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance by Mark Wilson by Mark Wilson The Oregon Supreme Court ruled that warrantless entry into a home to obtain nonconsensual blood-alcohol concentration (“BAC”) evidence did not amount to an exigent circumstance that …
Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
Article • January 19, 2018 • from CLN February, 2018
Filed under: Searches, Criminal Procedure
Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1) by The Oregon Court of Appeals reversed a lower court’s order, striking a defendant’s motion to suppress for failure to comply with a court rule. Uniform Trial Court Rule (“UTCR”) 4.060(1) mandates that a motion …
Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law
Article • January 19, 2018 • from CLN February, 2018
Filed under: Appointment of Counsel, Public Defenders, Criminal Procedure
Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law by The Oregon Court of Appeals determined that investigating officers failed to clarify the intent of a defendant’s equivocal invocation of the right to counsel, rendering his subsequent statements to police inadmissible. Paul Joseph Sanelle …
$12,500 Settlement in Oregon Unlawful Search and Seizure Lawsuit
Article • December 20, 2017
Filed under: Police Misconduct, Searches, Police Searches
$12,500 Settlement in Oregon Unlawful Search and Seizure Lawsuit by Christopher Zoukis by Christopher Zoukis An Oregon man and woman who claimed that Portland police violated their civil rights by unlawfully searching their home have settled a federal lawsuit for $12,500, plus attorney's fees. Sarah Hill and Brent Lopez had …
Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim
Article • December 19, 2017 • from CLN January, 2018
Filed under: Guilty Pleas, Double jeopardy
Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim by Mark Wilson by Mark Wilson The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died. …
Oregon Cop Resigns for On-Duty Sexual Abuse
Article • December 11, 2017
Filed under: Assault by Police, Harassment by Police
Oregon Cop Resigns for On-Duty Sexual Abuse by An 18-year veteran Oregon police officer has resigned amid allegations that he sexually abused a woman while on duty in 2013. In June, 2014, a woman disclosed during a treatment program that she had been sexually assaulted by Forest Grove Police Department …
Oregon Sheriff Faces Excessive Force Criminal Investigation
Article • December 11, 2017
Filed under: Excessive Force (Police)
Oregon Sheriff Faces Excessive Force Criminal Investigation by The Oregon attorney general has opened a criminal investigation of a county sheriff for punching a handcuffed suspect, and several other incidents of excessive force. In July, 2015, Oregon Department of Justice (DOJ) investigators interviewed several Klamath County sheriff's deputies about several …
Coos County Sheriff's Office Contract Summary With Correct Care Solutions, LLC, 2017
Publication • November 22, 2017
Filed under: Correct Care Solutions
Coos County Sheriff's Office Contract Summary With Correct Care Solutions, LLC, 2017
Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter
Article • November 16, 2017 • from CLN December, 2017
Filed under: Sentencing
Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter by Mark Wilson by Mark Wilson The en banc Oregon Supreme Court ruled that the “presumption of vindictiveness” is not triggered by an increased sentence on a single count when the …
Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute
Article • November 16, 2017 • from CLN December, 2017
Filed under: State Statutes
Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that an unloaded firearm in a zipped carry case is not a “deadly weapon” for purposes of Oregon’s burglary in the first-degree statute. Michael …
Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!
Article • November 16, 2017 • from CLN December, 2017
Filed under: Jury Instructions
Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally! by Mark Wilson by Mark Wilson "Recording grand juries will have a chilling effect on justice,” Clatsop County District Attorney Joshua Marquis inanely protested. “Why ‘fix’ a system that isn’t broken,” said the fox from deep inside the hen house! …
Oregon Law Practice Management - Crowdfunding Your Law Practice, 2016
Publication • June 8, 2017
Filed under: Work, Attorney, Money/Property
Oregon Law Practice Management - Crowdfunding Your Law Practice, 2016 9/4/2016 Crowdfunding Your Law Practice | Oregon Law Practice Management Oregon Law Practice Management Practice Management Tip for Oregon Lawer Crowdfunding Your Law Practice Posted on 01/12/2015 Crowdfunding is the practice of funding a project or venture  raising monetar …
Oregon Rates May 2017
Kickback publication • May 10, 2017
Filed under: Telephones, Telephone Rates
Oregon Rates May 2017 5/10/2017 DOC General Services Division Inmate Telephone System ­ Faq's Yes, you can deposit trust funds for an inmate directly through Telmate. You can deposit any amount up to $300. Are there fees for depositing money to an inmate’s account? There are no fees for depositing …
US v. $11,500, DC, Opinion, Civil Forfeiture, 2017
Brief • March 9, 2017
Filed under: Forfeiture
US v. $11,500, DC, Opinion, Civil Forfeiture, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. $11,500.00 IN UNITED STATES CURRENCY, in rem; $2,971.00 IN UNITED STATES CURRENCY, in rem, Defendants, No. 14-35717 D.C. No. 3:10-cv-00097MO OPINION CHARLES GUERRERO, Claimant-Appellant. Appeal …
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