Author Archives: admin

Upward departure factors are a crock

The most frustrating thing about working for the defense bar is the way a prosecutor can legislate with impunity through the use of upward departure factors. These are charming factors such as “past criminal sanctions have failed to deter”, “persistent … Continue reading

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Demurrer has 3 Rs.

According to Black’s Law Dictionary, demur is a verb. It’s also a noun: demurrer. When I demur, it means I’m taking a swing at the charge filed by the prosecutor, hoping that the charge is somehow flawed in such a … Continue reading

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Time for an update

Well I’ve been practicing law for 22 months, but after 20 trials, hundreds of negotiated pleas and a few dozen motions to suppress evidence, I haven’t gotten bored of it. I also haven’t written many blog posts. I’d like to … Continue reading

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State v. Luman

Decided by the Supreme Court on December 31, 2009. In something of a companion case to Heckathorne, the Court held that a shopowner did not have a privacy interest in illegally-recorded survelliance tapes because the tapes were turned over to … Continue reading

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State v. Heckathorne

[This is one of many case summaries I hope to write about relevant criminal cases decided by the Oregon Court of Appeals and Oregon Supreme Court.] In State v. Heckathorne, decided by the Supreme Court on December 31, 2009, the … Continue reading

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Welcome to the club

Well all that waiting was worth it. I found out on September 25 that I passed the bar exam, and I began my new job as a lawyer with the Umpqua Valley Public Defender the following Monday. The job is … Continue reading

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Playing the waiting game

It’s 8 a.m., and the sunlight is filtering through the east window by the kitchen, pink and orange and still rather sleepy. In a few minutes I’ll be waking up Charlie and taking him over to his grandparents for the … Continue reading

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