State v. Rose 296 Or App 99 (2019) : “I don’t have nothing to say” was an equivocal invocation of the right to remain silent. No further questioning was lawful until police asked defendant to clarify his intent.
Restitution
State v. Campbell, 296 Or App 22 (2019): Trial court erred by declining to impose restitution for medical expenses. Reversed on state’s appeal. The prosecution offered evidence that the costs for medical procedures were paid and reasonable in the market. Defendant argued that no witness testified that the medical procedures performed were reasonable in light… Read More
An AG and a federal judge question established theory that Sex Offender Registration is not “punishment”
Interesting news from the Collateral Consequences Resource Center: “In the past week, there were two notable developments regarding the constitutionality of state sex offender registration schemes. First, as noted by Douglas A. Berman at Sentencing Law and Policy, Michigan Attorney General Dana Nessel filed highly significant amicus briefs in two Michigan Supreme Court cases, “arguing that… Read More
Methamatics
State v. Harper 296 Or App 125 (February 13, 2019): In order to be guilty of possession of methamphetamine, defendant had to know that she possessed methamphetamine, not merely that she possessed an illicit substance, and the jury should have been so instructed. Take a moment out of your day to read about American illustrator Charley… Read More
State v. Banks
Held: Defendant’s refusal to submit to a breath test was not admissible to prove intoxication. Remanded for new trial. One way or another, the government will find a way to circumvent this ruling (for example, by finding another legal basis for admissibility or by changing the law).