Search | Criminal Legal News

Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days...

Article • March 1, 2026 • from CLN April, 2026

Filed under: Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to

Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment by David Kim by David Kim The Supreme Court of Oregon held that the State violates Article …

NEWS IN BRIEF

Article • March 1, 2026 • from CLN April, 2026

NEWS IN BRIEF by Alaska: Alaska News Source reported that former Bethel Police Department (BPD) Off. Jonathan Murphy, 39, was convicted on February 13, 2026, of a brutal use of force. Body-camera footage captured Murphy during a December 2023 stolen-vehicle stop as he struck the compliant driver, Bernard Mael. When …

Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data

Article • December 15, 2025 • from CLN January, 2026

Filed under: Fourth Amendment, rights, Cell-Phones, Motions To Suppress, Digital Devices, Seizure

Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit held that while the abandonment doctrine applies to cellphones, courts must analyze …

News in Brief

Article • July 1, 2025 • from CLN July, 2025

Filed under: Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony

News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-defendant Jordan Hammond, through the Signal app, …

Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization

Article • April 15, 2025 • from CLN May, 2025

Filed under: Police Misconduct, Police State-Surveillance, Electronic Surveillance, Fraud and Theft Loss

Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization by Jo Ellen Nott by Jo Ellen Nott The shoplifting crisis dominating recent news may be exaggerated, but it has delivered major wins for police departments nationwide. An investigation by The Appeal on March 27, 2025, reveals that fears …

Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials

Article • January 15, 2025 • from CLN January, 2025

Filed under: Bail/Pretrial Release, Periods of Delay

Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials by Matthew Clarke by Matt Clarke The Supreme Court of Oregon held that the provision of ORS 136.290 limiting a criminal defendant’s pretrial custody to no more than 60 days also applies to retrials. Anthony Lee Benjamin IV …

News In Brief

Article • December 1, 2024 • from CLN December, 2024

Filed under: News in Brief

News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …

News In Brief

Article • November 1, 2024 • from CLN November, 2024

Filed under: News in Brief

News In Brief by Alabama: WSFA out of Mobile reported that on August 22 and 23, 2024, a sex trafficking sting operation occurring in several jurisdictions resulted in the arrests of 11 men. Montgomery County Sheriff Derrick Cunningham and other law enforcement officials discussed the results at a press conference. …

Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense

Article • November 1, 2024 • from CLN November, 2024

Filed under: Insanity Defense Reform Act

Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense by Sam Rutherford by Sam Rutherford The Supreme Court of Oregon clarified the “Guilty Except for Insanity” (“GEI”) defense, holding that the defendant’s mental disease or defect may combine with another condition to cause the lack of capacity to form …

Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon

Article • June 15, 2024 • from CLN June, 2024

Filed under: Criminal justice system reform, War on Drugs, State Law Claims

Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon by Jo Ellen Nott by Jo Ellen Knott   Oregon legislators passed H.B. 4002 on March 1, 2024, with support from both Democrats and Republicans on a 21-8 vote. Gov. Tina Kotek’s office indicated on March 7 that she …

Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements

Article • June 15, 2024 • from CLN June, 2024

Filed under: Miranda, Custodial Interrogations, Interrogation, In Custody

Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements by Anthony Accurso by Anthony W. Accurso   The Supreme Court of Oregon suppressed statements made by a defendant on probation to police who interrupted a meeting between …

Wall v. State of Oregon DOC, OR, Settlement, Failure to Protect, 2024

Brief • June 5, 2024

Filed under: Failure to Protect (General)

Wall v. State of Oregon DOC, OR, Settlement, Failure to Protect, 2024 Case 6:22-cv-00943-SI Document 36 Filed 06/05/24 Page 1 of 7 ELLEN F. ROSENBLUM Attorney General DYLAN HALLMAN #173679 Assistant Attorney General Department of Justice 100 SW Market Street Portland, OR 97201 Telephone: (971) 673-1880 Fax: (971) 673-5000 Email: …

Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period

Article • March 15, 2024 • from CLN March, 2024

Filed under: Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches

Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period by David Reutter by David M. Reutter The Supreme Court of Oregon held that a petitioner’s mental impairments are relevant to whether the escape clause in the statute of limitations applies …

Estate of Arcadio Castillo III v. Bush, Dft's Reply to Plaintiff's Response in Opposition to Motion for Summary Judgment, Wrongful Death, 2024

Brief • February 20, 2024

Filed under: Wrongful Death

Estate of Arcadio Castillo III v. Bush, Dft's Reply to Plaintiff's Response in Opposition to Motion for Summary Judgment, Wrongful Death, 2024 Case 6:22-cv-00684-MK Document 97 Filed 02/20/24 Page 1 of 30 Sebastian Tapia, OSB No. 043761 stapia@cityofsalem.net City of Salem Legal Department 555 Liberty St. SE, Room 225 Salem, …

Estate of Arcadio Castillo III v. Bush, OR, Plaintiff's Response to Dft's Motion for Summary Judgment, Wrongful Death, 2024

Brief • February 6, 2024

Filed under: Wrongful Death

Estate of Arcadio Castillo III v. Bush, OR, Plaintiff's Response to Dft's Motion for Summary Judgment, Wrongful Death, 2024 Case 6:22-cv-00684-MK Document 90 Filed 02/06/24 Page 1 of 59 David D. Park, OSB #803358 ELLIOTT & PARK, P.C. Abernethy House 324 S. Abernethy Street Portland, OR 97239-8529 Telephone: (503) 227-1690 …

Jesse Johnson: 194th Person Exonerated While on Death Row

Article • January 15, 2024 • from CLN January, 2024

Filed under: Wrongful Conviction, Racial Profiling, Failure to Consult/Investigate/Raise

Jesse Johnson: 194th Person Exonerated While on Death Row by Jordan Arizmendi by Jordan Arizmendi Twenty-five years after Jesse Johnson, 62, was wrongfully convicted and sentenced to death, in September, he became the 194th person to be exonerated while on Death Row. In 1998, Harriet Thompson was stabbed to death …

Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements

Article • January 15, 2024 • from CLN January, 2024

Filed under: Informants, Post-Arrest Statements, Informants and Paid Witnesses, Confessions - Admissibility, Police Interrogations, Custodial Interrogations, Confessions and Statements of Defendant

Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …

Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs

Article • January 15, 2024 • from CLN January, 2024

Filed under: State Statutes, Possession in Furtherance of Drug Offense, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Substantial Step Towards Completion, Completion of All Acts

Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs by David Reutter by David M. Reutter The Supreme Court of Oregon held that “attempted transfer” does not apply “to a person who possesses a large quantity of a controlled substance and takes steps consistent with an intent …

News in Brief

Article • November 1, 2023 • from CLN November, 2023

Filed under: News in Brief

News in Brief by Alabama: According to The New York Times, the most notable sack and fumble of the Jefferson County high school football game on September 14, 2023, came after the game ended and the police were in the process of clearing the stadium. In the tradition of historically …

Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categori...

Article • October 1, 2023 • from CLN October, 2023

Filed under: Particularity Requirement, Electronic Surveillance, Warrants - Requirements/Scope/Exceptions

Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon clarified the procedure, flowing from its previous doctrine on cellphone searches, for …