The Oregon Court of Appeals decided today that someone posting obnoxious thoughts on social media sites to private groups of friends about potentially illegal behavior does NOT create a risk of "Public inconvenience," for the crime of 1st Degree Disorderly Conduct. The COA also helpfully noted "Katy testified, and everybody who might appear on MySpace or Facebook knows, that "lol" is an abbreviation of "laughing out loud."

Congrats to trial attorney Noah Horst & appellate attorney Erik Blumenthal for the win!

Full slip opinion here:

http://www.publications.ojd.state.or.us/docs/A146904.pdf

In Oregon it is improper for 1 witness to offer an opinion on whether another witness is telling the truth."We have said before, and we will say it again, but this time with emphasis--we really mean it.... The assessment of credibility is for the trier of fact[.]" State v.Milbradt.

Today the Court of Appeals reinforced that rule with its opinion in State v. Marquez-Vela, which reverses a conviction for murder. The COA found that failure to exclude a police officer's opinion testimony that "defendant, during the interrogation, "was dishonest[,]" "was untruthful[,]" "was lying about the whole situation[,]" and "was selectively leaving out details that he thought [were] harmful to him"--may have "colored the jury's consideration of that issue." And, "Thus, the erroneous admission of evidence in this case relates to a central factual issue that was the lynchpin of the defense--whether defendant had "blanked out" and was too intoxicated to form the intent to commit murder. The jury's determination of that issue hinged on defendant's credibility, and we conclude that the trial court's error was not harmless."

Congrats to appellate lawyer Robin Jones and trial lawyer John Kolega!

Full slip opinion here:

http://www.publications.ojd.state.or.us/docs/A152189.pdf

Did you know that in Oregon a person can be charged with Identity Theft for using a joint bank account?

This is a charge that has shown up repeatedly in Multnomah County in cases where a parent has died & there is discord among remaining family members regarding how the money is spent. Today the Court of Appeals has brought back common sense in State v Zibulsky: "we find it implausible that the legislature intended to criminally penalize as "identity theft" an account holder's use of bank-account credentials that she shares with another."

Congrats to Zack Mazer on the appeal, Bill Dials on the trial!

Slip opinion here:

http://www.publications.ojd.state.or.us/docs/A149480.pdf

Founder Rachel Philips was the trial attorney on this case that was just reversed today by the Oregon Court of Appeals - State v Lambert, argued on appeal by the brilliant Zack Mazer.

On a petition for reconsideration the COA found that the burden was on the state to prove that the warranted search was independent of the illegal seizure. Also that the limited remand was incorrect, in this case, the record does not support the conclusion that police would have inevitably discovered the disputed evidence. Therefore, the trial court erred by not granting defendant's motion to suppress, and defendant is entitled to have all of his convictions that were affected by that error reversed and remanded.

Congratulations to Zack and Rachel for the win!

Full slip opinion available via the link:

http://www.publications.ojd.state.or.us/docs/A151279A.pdf