O'Connor Weber team updates
OREGON SUPREME COURT DISMISSES STATE’S PETITION FOR REVIEW IN MIRANDA CASE
One week after hearing Ryan’s argument, the Oregon Supreme Court dismissed the state’s petition for review in State v. Norgren, a groundbreaking case about the effect of mental illness on police officers’ ability to obtain a waiver of Miranda rights. On May 15, 2018, the Oregon Supreme Court dismissed the state's petition for review in State v. Norgren as improvidently allowed. That means that the Oregon Court of Appeals opinion stands, State v. Norgren, 287 Or App 165, 166, 401 P3d 1275 (2017). The case will go back to Washington County for a new trial. Going forward, the Court of Appeals opinion could have significant impacts on other cases. It is the first Oregon appellate court decision to hold that a defendant's acute mental illness means that he could not have knowingly and intelligently waived Miranda rights. The case should also aid defendants who cannot understand he Miranda warnings for other reasons, including language comprehension or limited intellectual functioning. And, importantly, the state must produce evidence to establish that the defendant knowingly and intelligently waived despite those limitations. That is a real, practical burden that the state cannot overcome in some cases. And this case shows that the appellate courts are willing to actively enforce it. Congratulations to Mr. Norgren and his family!
Read the Court of Appeals opinion here: http://cdm17027.contentdm.oclc.org/cdm/singleitem/collection/p17027coll5/id/14063/rec/1
LINDSEY BURROWS WINS FOURTH AMENDMENT ISSUE • On May 16, 2018, the Oregon Court of Appeals reversed the client’s conviction and remanded for a new trial, where charges will likely be dismissed. The court concluded that a dog sniff during a routine traffic stop violated the client’s rights under the United States Constitution Read the opinion here: http://cdm17027.contentdm.oclc.org/cdm/singleitem/collection/p17027coll5/id/15014/rec/15
RYAN O’CONNOR WINS POST-CONVICTION TRIAL • After obtaining post-conviction relief for his client, the Washington County Circuit Court dismissed all charges against Ryan’s client.
JED PETERSON LICENSED IN TEXAS • Jed is now licensed to practice law in Oregon, Texas, and Hawaii.