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Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell
by Mark Wilson
The Supreme Court of Oregon held that the “for consideration” element of a “commercial drug offense” requires proof of a completed drug sale or an existing agreement to sell drugs. The Court rejected the State’s argument that “for consideration” may be proved by evidence of drug possession ...
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More from this issue:
- Dallas County Private Bail Hearings Leave People Languishing Behind Bars, by Kevin Bliss
- New App Makes It Simple for Civilians to Record Police Encounters
- Sex Offender Registration Biased Against Blacks, by Kevin Bliss
- Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional, by Dale Chappell
- $384 Million Paid Out by New York City in Last Five Years for Police Misconduct, by Derek Gilna
- ACLU Report: A Tale of Two NYCs When It Comes to Policing, by Derek Gilna
- Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released, by Christopher Zoukis
- Increase in Crime Registries Nationwide Not a Benefit to Society, by Kevin Bliss
- Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim, by Matthew Clarke
- Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’, by Christopher Zoukis
- Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go, by Dale Chappell
- FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
- Oklahoma’s Railroading its Citizens into Prison, by Edward Lyon
- Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials, by Richard Resch
- Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App, by Betty Nelander
- Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, by Dale Chappell
- Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell, by Mark Wilson
- Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
- Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company, by Christopher Zoukis
- Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions, by Dale Chappell
- First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines, by David Reutter
- Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit, by Shawn Musgrave, Brooke Williams
- Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief, by Richard Resch
- Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, by Christopher Zoukis
- Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional, by Richard Resch
- Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity, by David Reutter
- Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, by Christopher Zoukis
- New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule, by Dale Chappell
- Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity, by Christopher Zoukis
- Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, by Christopher Zoukis
- California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial, by Kevin Bliss
- Warning: Integrity of Judicial Process at Risk, by Sandy Rozek
- Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence, by Dale Chappell
- Is Blue Privilege at Work in Texas Police Killings?, by Betty Nelander
- Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor, by Dale Chappell
- Habeas Hints: Evaluating and Initiating IAC Claims, by Kent Russell, Tara Hoveland
- Should the Minimum Age for the Death Penalty be Bumped Up to 21?
- Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search, by Dale Chappell
- Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences, by Edward Lyon
- Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used, by Christopher Zoukis
- News in Brief
- Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic, by Christopher Zoukis
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, Feb. 15, 2025. Criminal Prosecution, Juror Bias, Impartial Jury.
- Study Reveals Best DNA Recovery Spots on Drug Baggies, Feb. 15, 2025. DNA Testing/Samples, War on Drugs, DNA Evidence/Testing.
- 50 Years After Starting “Scared Straight,” Former N.J. Prison Warden “Would Do It Again”, Nov. 15, 2024. War on Drugs, Juveniles, Education (Juveniles).
- Alabama Guard, Prisoners Among 13 Sentenced in Phone Scam and Drug-Smuggling Ring, Nov. 15, 2024. Guard Misconduct, Cell Searches, War on Drugs, Searches - Cellphones/Computers/Internet.
- Three Former Rikers Island Guards Among Five Ex-Employees Charged in Massive Smuggling Scheme, Oct. 15, 2024. Guard Misconduct, War on Drugs, Searches - Cellphones/Computers/Internet.
- Alabama Warden and Wife Busted for Making “Magic” Mushrooms, Oct. 15, 2024. Police Misconduct, War on Drugs.
- Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon, June 15, 2024. Criminal justice system reform, War on Drugs, State Law Claims.
- Executions Rise in 2023, Number on Death Row Falls, June 1, 2024. Criminal Prosecution, Statistics/Trends, Death Penalty, Death Row.
- U.N. Panel Finds Rampant Racism in U.S. Criminal Justice System, June 1, 2024. Racial Discrimination, Commentary/Reviews, Crime/Demographics, Criminal Prosecution, Statistics/Trends.
- Over 5,000 Prisoners Federally Sentenced Every Month, May 1, 2024. Criminal Prosecution, Statistics/Trends, U.S. Sentencing Guidelines, Bureau of Prisons (BOP).