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.
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.
State v. Evensen
Court affirms first degree sexual abuse conviction. Detective Yerrick, who had, for nearly five years, primarily investigated cases of physical and sexual abuse of children, testified that, in her experience it was younger children (aged 3 or 4) who tended to be more susceptible to “suggestibility” about what happened than older children; that very few… Read More
Consent
A defendant recently appealed a judgment of conviction for second-degree sexual abuse, ORS 163.425, asserting that the trial court erred in instructing the jury that it could convict him of that crime if it found that he acted recklessly or negligently with respect to the victim’s lack of consent. State v. Haltom, 298 Or. App.… Read More
Law allowing no exceptions to sex offender registration is unconstitutional, Alaska Supreme Court rules
The Alaska Supreme Court has ruled that the state’s sex offender registry law violates offenders’ right to due process. In an opinion handed down Friday, the court — voting 3-2 — found the law requiring all offenders to register unconstitutional, unless offenders are first given the opportunity to demonstrate they aren’t a danger to the… Read More