State v. Dearmitt 299 Or App 22 (2019) : Trial court erred in failing to merge sexual-abuse convictions. During the same criminal episode, defendant subjected the victim to sexual intercourse and anal penetration. Court found that no exception to merger under antimerger statute applied.
Surprising decision regarding domestic violence
Recently, in State v. Morrow 299 Or App 31 (2019), the Oregon Court of Appeals ruled that a defendant’s prior uncharged acts of domestic violence were not admissible to show motive. Trial courts must be on guard, Justice Aoyagi explained, to prevent the motive label from being used to smuggle forbidden evidence of propensity to the… Read More
Background noise during sentencing advocacy in sex offense cases.
Recalled judge from Brock Turner case LOSES JOB as tennis coach at a Bay Area high school.
Gay/Trans Panic Defense Map
This summer, New York became the sixth state to ban the so-called gay and trans “panic” defense, which asks a jury to find that a victim’s sexual orientation or gender identity is to blame for a defendant’s violent reaction, including even murder. Here is an informative MAP showing where different states stand on this issue.… Read More
Collateral Consequences that limit occupational licensing
Navigating the collateral consequences that limit occupational licensing opportunities is daunting even when applicable laws and regulations attempt to be clear about what types of criminal records may be disqualifying. When license eligibility depends upon whether an applicant possesses “good moral character,” predicting the impact of a particular plea is basically impossible. Read about some… Read More