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March 2011 Archives

Cold and Allergy Sufferers as Pawns in the Meth War

The "war on drugs" is sometimes fought on unlikely battlefields. This spring, legislators in several states are pushing controversial bills trying to restrict access to Sudafed and other popular decongestants.

Prosecution's failure to subpoena victim to trial results in successful appeal

On March 19, 2011 the Oregon Court of Appeals overturned the Linn county conviction of Steve Dwain Simmons Jr. Mr. Simmons was found guilty of the class C felony crime of Assault in the Third degree after the trial judge allowed the jury to hear hearsay statements made by the "victim" of the assault even though he failed to testify personally in front of the jury.

Oregon House Votes to Limit Faith Healing Defense

Today, the Oregon House of Representatives voted unanimously to remove from the books laws which previously protected parents who refused to seek medical help for sick or dying children in favor of relying exclusively on prayer or other forms of "faith healing. The text of the Bill can be found here.

Gresham Police Officer Faces DUII Charges

People from all walks of life can have too much to drink and end up facing drunk driving charges. This includes law enforcement officers - and can even apply to an officer who was known for vigorous enforcement of Oregon DUII law.

US Supreme Court rules that good behavior can reduce a sentence on appeal

Yesterday in Pepper v. United States, the U.S. Supreme Court ruled that when a criminal defendant's original sentence has been successfully appealed, the re-sentencing court may consider the "post-sentencing rehabilitation" of the defendant in imposing the new sentence.

US Supreme Court runs roughshod over the Confrontation Clause

On February 28, 2011 the United States Supreme Court issued a stunning opinion backtracking from its recent line of cases which had reinvigorated the Sixth Amendment's "Confrontation Clause." This decision will be used, as had prior  rejected cases, as the basis for a gradual erosion of a criminal defendant's Constitutional right to confront the witnesses against him.

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Kohlmetz, Steen & Hanrahan, P.C.

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