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Court Remands for Resentencing in State v. Burns

November 21, 2013
Posted in Blog

The Oregon Court of Appeals remanded for resentencing and otherwise affirmed the conviction of defendant Stephen Burns in a case that was decided November 14, 2013. The defendant was convicted for two counts of criminal mistreatment in the first degree for knowingly causing physical injury to two of his children by repeatedly spanking them hard […]

State v. Lasky- Court rules in favor of partial reverse and remand

November 18, 2013
Posted in Blog

In State v. Lasky, decided November 14, 2013, the Oregon Court of Appeals remanded in part the conviction of defendant Joseph Lasky. Mr. Lasky was convicted of unauthorized use of a vehicle; second-degree criminal trespass and third-degree criminal mischief, because he removed a truck and trailer from a locked lot where he had consigned the […]

Charges Reversed and Remanded in State v. Peterson

November 13, 2013
Posted in Blog

In State v. Peterson, decided November 6, 2013, the Oregon Court of Appeals reversed and remanded the trial court’s decision. The defendant was convicted on one count of delivery of heroin constituting a commercial drug offense, and one count of possession of heroin. The defendant claimed that the trial court erroneously denied his motion to […]

State v. Jackson-Decision Reversed in Stalking Conviction

November 11, 2013
Posted in Blog

State v. Jackson was reversed on October 30, 2013. The defendant appealed a conviction on one count of stalking. The defendant argued that the state had to prove that his conduct was actually an unequivocal threat. He contended that the state’s evidence was not sufficient to prove such. The Oregon Court of Appeals ruled that […]

State v. Steltz- Merging of Four Convictions into Two

November 7, 2013
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In State v. Steltz, decided October 30th, 2013, the Oregon Court of Appeals reversed and remanded a portion of Mr. Steltz’s convictions with specific instructions to the lower court to resentence said convictions by merging four of them into only two. The four charges in question were two counts of first-degree sodomy and two counts […]

State v. D.P.- Youth Appeals Juvenile Court Decision

November 5, 2013
Posted in Blog

State v. D.P. was decided October 30th, 2013.  The case involves charges that youth, a 12-year-old, committed acts which, if done by an adult, would constitute rape in the first degree and sodomy in the first degree. In an interview with police at the youth’s school, he admitted to having sexual intercourse and oral sex with a […]

State v. Olive- Charge of Resisting Arrest Reversed

October 29, 2013
Posted in Blog

In State v. Olive, decided October 23, 2013, the Oregon Court of Appeals reversed the Multnomah County conviction of Mr. Olive for Resisting Arrest. The court held that in order to be guilty of Resisting Arrest, you must know you are being arrested.  In so holding, the court over-ruled its 1984 decision in State v. […]

State v. Roelle- Strangulation Charges Reversed and Remanded

October 28, 2013
Posted in Blog

In State v. Roelle, decided October 16, 2013, the Oregon Court of Appeals reversed the domestic violence convictions of Mr. Roelle. Here the State put on evidence of a previous, unrelated, domestic violence episode involving Mr. Roelle.  The Court of Appeals found that the trial court failed to properly caution the jury that they could […]

Charge Reversed in State v. Smith

October 25, 2013
Posted in Blog

In State v. Smith, the Court of Appeals remanded the case back to the Multnomah County trial court for resentencing for the lesser crime of Attempted Interference with Making a Report after deciding that pulling a cell phone charger out of the wall and out of the cell phone did not constitute Interference with Making […]

State v. Cadger- Escape in the Second Degree Reversed

October 24, 2013
Posted in Blog

State v. Cadger was recently decided by the Oregon Court of Appeals. In the trial court’s decision, Cadger was charged with escape in the second degree, which is a felony.  Escape in the second degree is defined as an individual escaping from a “correctional facility.”  A correctional facility is defined as “any place used for […]

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