Category Archives: Uncategorized

My column in the Register Guard, and the prosecutor’s response

Here’s what ran in the Eugene paper last week, and here’s how the prosecutor decided to respond.

Posted in Uncategorized | Leave a comment

Gearing up for September

Well it should be an interesting month. Starting next week, I have two motions to suppress, a trial, a trial the next week, another motion to suppress, a trial the week after, and in the meantime, I need to get … Continue reading

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Tagged , , , , | Leave a comment

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

Posted in Uncategorized | Tagged , , , , | Leave a comment

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

Posted in Uncategorized | Tagged | 2 Comments

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

Posted in Uncategorized | 2 Comments