An interesting and informative article about the developing science of measuring marijuana impairment
Two Recent Cases from the Court of Appeals
State v. Perez-Garcia, 295 Or. App. 156 (2018): At trial, defendant wanted to prove that the complainant’s sexual abuse allegations were false by introducing extrinsic evidence of prior false allegations against the defendant that may have influenced the complainant’s disclosure. Whatever the merits of this strategy, defendants have a constitutional right to present the defense… Read More
What constitutes a seizure?
In State v. Stevens, 364 Or. 91 (2018), the Supreme Court of Oregon ruled that: Stopping the driver of a vehicle does not constitute a “seizure” of the passengers for state constitutional purposes. Or. Const. Art. 1, §9. Indeed, officer’s conduct toward the passengers does not constitute a “seizure” even if they ask questions, request… Read More
State v. Kimbrough
The Oregon Supreme Court has held that solicitation to commit a crime does not necessarily amount to an attempt to commit the crime: …to be guilty of attempt, the defendant must personally engage in conduct that constitutes a substantial step, and that substantial step must be toward a crime that the defendant intends to participate… Read More
Should I Waive a Jury Trial and Instead Have a Bench Trial?
In this interesting decision — State v. Colby, 295 Or. App. 246 (2018) — the Court of Appeals ruled that a trial court presiding over a bench trial cannot just refuse to disclose the legal principles that it has applied in construing the elements necessary to adjudicate guilt, as long as a defendant properly raises… Read More