by Mark Wilson
On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 because Plaintiff prevailed on just one of five claims, and the jury did not ...
by Mark Wilson
The Oregon Court of Appeals reversed a lower court’s dismissal of a criminal proceeding when the victim refused to comply with a subpoena to appear for trial.
Alex David Murray Lorenzo was charged with attempted third-degree assault, constituting domestic violence, for attempting to physically injure his stepfather. ...
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, committed — and his order was not a “lawful order.”
At about midnight, Beaverton, ...
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 order that contains findings of fact and conclusions of law when it decides to ...
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 federal ex post facto prohibitions or the due process clause.
In 1967, the Oregon Supreme Court held ...
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 Julie Ann Mitchell’s nephew and another man had hidden controlled substances on the ...
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 second-degree assault and five other offenses stemming from a single incident against his ...
by Mark Wilson
In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial in nature and subject to the self-incrimination protections of Article I, § 12 of the Oregon Constitution and the Fifth Amendment to the United States Constitution. ...
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 jail when the State of Oregon charged him with possession of a stolen vehicle ...
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 person would not have thought to investigate the existence of that claim within the applicable ...
