Defendant appeals a judgment of conviction for eight counts of attempted aggravated murder, ORS 163.095(2)(d) and (e); two counts of first-degree assault, ORS 163.185(1)(a); one count of first-degree robbery, ORS 164.415(1)(b); two counts of first-degree kidnapping, ORS 163.235(1)(c); and one count of unauthorized use of a vehicle, ORS 164.135(1)(a). The convictions arise from an incident in which defendant beat the victim with a steel bar, bound his arms and legs, stabbed him in the back,...  

Affirmed. State v. Maiden, 222 Or App ___, ___ P3d ___ (Aug 20, 2008); State v. Willis, 219 Or App 268, 182 P3d 891 (2008)...  

Affirmed. State v. Maiden, 222 Or App ___, ___ P3d ___ (Aug 20, 2008); State v. Willis, 219 Or App 268, 182 P3d 891 (2008)...  

Defendant was charged with forgery, ORS 165.013, giving false information to a peace officer, ORS 162.385, and five counts of identity theft, ORS 165.800. The state appeals the trial court's pretrial order under Article I, section 9, of the Oregon Constitution granting defendant's motion to suppress all evidence obtained by the police resulting from a contact with defendant that ended with his arrest on outstanding arrest warrants, including items seized after the search of his jacket.1 We...  

Defendant was convicted of 10 sex offenses committed against the same victim. The trial court sentenced him to a total of 180 months in prison. He appeals, arguing that the trial court erred in imposing a consecutive sentence on one of the convictions. For the reasons discussed below, we affirm... The relevant facts are mostly procedural in nature and are not disputed. Defendant was charged with six counts of rape in the first degree, ORS 163.375; one count of sodomy in the first degree, ORS...  

Defendant was charged with possession of methamphetamine, a Schedule II controlled substance, found during a police search of his residence. Before trial, defendant moved to exclude from evidence a crime laboratory report stating that the substance that he was charged with possessing was methamphetamine. He argued that the admission of the report would violate his confrontation rights under the Oregon and United States constitutions. The trial court denied the motion. That ruling was erroneous....  

Petitioner was convicted of various offenses committed in 1985 and 1987, and he was sentenced as a dangerous offender to a maximum of 30 years' imprisonment. ORS 161.725; ORS 161.735. On January 11, 2005, the Board of Parole and Post-Prison Supervision conducted a parole consideration hearing under ORS 144.228, providing for such hearings for dangerous offenders.1 After the hearing, the board issued an order in which it found that the condition that made petitioner dangerous was not in...  

Defendant Falbo appeals from a judgment based on a jury verdict for a total of $110,000 on plaintiff's claims for intentional infliction of emotional distress and invasion of privacy. Plaintiff dismissed his claims against other defendants during the trial. Those other defendants appeal from the trial court's refusal to award them sanctions or attorney fees against plaintiff and his attorney. We conclude that the trial court's actions that are the basis for Falbo's primary assignments of error...  

Affirmed. State v. Maiden, 222 Or App ___, ___ P3d ___ (Aug 20, 2008); State v. Willis, 219 Or App 268, 182 P3d 891 (2008)...  

Defendant was convicted of several crimes involving the manufacture and possession of a controlled substance. He assigns error to the trial court's denial of his motion to suppress the evidence on which the charges were based, arguing that the evidence resulted from an unlawful stop. In particular, he contends that the officer who stopped and subsequently arrested him did not himself have probable cause to do so and had not received information directly from another police officer who did;...  

In this post-conviction case, the trial court dismissed the petition for relief as a sanction for petitioner's refusal to participate in a scheduled deposition. On appeal, petitioner argued that the trial court erred by failing to make special findings to support the dismissal, as required by Pamplin v. Victoria, 319 Or 429, 877 P2d 1196 (1994). A panel of the Court of Appeals divided on whether that challenge must be preserved to be raised on appeal. Peeples v. Lampert, 209 Or App 17, 25-26,...  

The state seeks review of a Court of Appeals decision reversing defendant's convictions for drug manufacturing. The Court of Appeals reversed defendant's convictions reasoning, in part, that (1) on appeal, the state had conceded that defendant was placed under arrest when first restrained; and (2) at a pretrial hearing, the deputy sheriff who arrested defendant had testified that he lacked probable cause for the arrest. State v. Miller, 211 Or App 667, 156 P3d 125 (2007). For the reasons that...  

This criminal case presents a question that lies at the intersection between Oregon's constitutional protection of free expression and an Oregon statute that punishes abusive or insulting speech that is calculated to produce a violent response. The Court of Appeals held that ORS 166.065(1)(a)(B), the abusive speech provision of the criminal harassment statute, does not, on its face, violate the free expression protections in Article I, section 8, of the Oregon Constitution,1 and that the...  

This is an original mandamus proceeding in which the defendant in an aggravated murder case seeks to compel the presiding judge of the Multnomah County Circuit Court to disqualify the judge assigned to hear his case in the underlying criminal action. For the reasons that follow, we dismiss the writ... The following undisputed facts are pertinent to our decision. On October 29, 2007, defendant was indicted on multiple charges, including a charge of aggravated murder, in the death of Ricardo...  

Plaintiff, personal representative of the estate of Philip R. Ballard (Ballard),1 appeals a judgment for defendants City of Albany (city), Linn County (county), and the State of Oregon and the Oregon State Police (OSP) on plaintiff's negligence and battery claims. Plaintiff sought damages for personal injuries suffered during a traffic stop when police officers used a police dog to remove him from his car. As elaborated below, we affirm in part and reverse in part... On July 20, 1998, an Oregon...  

Defendant appeals her conviction for driving under the influence of intoxicants. ORS 813.010(4). Defendant argues that the trial court erred in permitting a drug recognition expert (DRE) trainee who was not certified as a DRE officer to testify about the administration and results of a DRE protocol that he administered. We review for errors of law, Jennings v. Baxter Healthcare Corp., 331 Or 285, 299, 14 P3d 596 (2000), and we hold that a DRE trainee is not qualified to provide expert testimony...  

Affirmed. Cole v. Board of Parole, 220 Or App 362, 186 P3d 321 (2008)...  

Defendant appeals a judgment of conviction for unauthorized use of a vehicle, ORS 164.135, and criminal conspiracy, ORS 161.450. On appeal, defendant asserts five assignments of error, the first three of which pertain to her convictions; her fourth and fifth assignments of error challenge the trial court's award of restitution. We affirm... BACKGROUND... Because defendant was convicted by a jury, we state the facts in the light most favorable to the state. State v. Johnson, 342 Or 596, 598, 157...  

Defendant appeals a judgment of conviction for possession of a controlled substance, Schedule II (methamphetamine), former ORS 475.992 (2003). Defendant assigns error to the trial court's denial of her motion to suppress evidence obtained during searches of her car and of her person. She argues that her consent to the searches was unlawfully obtained because it occurred during the impermissible extension of what began as a lawful traffic stop, but became an unlawful seizure because the police...  

A jury convicted defendant of assault in the third degree under ORS 163.165(1)(e), which makes it an offense to intentionally or knowingly cause physical injury to another "[w]hile being aided by another person actually present." On appeal, defendant makes two assignments of error. In the first, he argues that the trial court erred in instructing the jury that it could find him guilty under the principles of aiding and abetting liability. In his second assignment of error, defendant...