Developments in Oregon criminal defense law
The law is clear: under the Sixth Amendment, a unanimous jury is required. The vast majority of the Bill of Rights have been fully incorporated and made applicable to the states through the Fourteenth Amendment. Attorneys for a man convicted of murder in Louisiana argue that The Fourteenth Amendment should incorporate the Sixth Amendment’s guarantee… Read More
City of Eugene v. Hejazi 296 Or App 204 (February 21, 2019): Explains, in some detail, circumstances where Court of Appeals had jurisdiction to review circuit court “appeals” following municipal court trials.
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.
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).
An interesting and informative article about the developing science of measuring marijuana impairment