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Articles by Mark Wilson

Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’

by Mark Wilson

In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial in nature and subject to the self-incrimination protections of Article I, § 12 of the Oregon Constitution and the Fifth Amendment to the United States Constitution ...

Oregon Release Agreement Did Not Require Personal Appearance; FTA Conviction Reversed

by Mark Wilson

The Oregon Court of Appeals reversed a first-degree failure to appear conviction, finding that the release agreement allowed for an appearance through counsel rather than personal appearance.

Zachary Michael Lobue was detained in jail when the State of Oregon charged him with possession of a stolen vehicle ...

Oregon Prisoner’s Use of Another Prisoner’s Phone PIN Constitutes Identity Theft

by Mark Wilson

The Oregon Court of Appeals held on March 13, 2019 that a prisoner was guilty of the crime of identity theft because he used the personal identification numbers (PINs) of two other prisoners to access a jail telephone.

Michael Steven Connolly was confined at the Multnomah County ...

Oregon Transgender Prisoner Must be Housed Alone or with Other Transgender or Non­Cisgender Prisoners

by Mark Wilson

An Oregon state court held on May 28, 2019 that prison officials were deliberately indifferent to a transgender prisoner’s physical safety when they failed to house her in a single cell or with other transgender or non-cisgender (gender non-conforming) cellmates.

Brandy Hall, 34, formerly known as Brandon ...

Oregon Trial Court Abused Discretion in Revoking Probation Without Violation

by Mark Wilson

The Oregon Court of Appeals reversed a trial court’s order revoking a criminal defendant’s probation, finding that the trial court abused its discretion.

Amanda DeeAnne Cooper pleaded guilty to four Oregon felonies and was sentenced to five years’ probation. The conditions of probation required her to participate ...

Oregon Supreme Court Reverses Course: Secretly Taping Prisoner’s Statements Does Not Violate Right to Counsel

by Mark Wilson

In a 4-to-3 ruling, departing from its previous recent decisions, the Oregon Supreme Court held on May 23, 2019 that secretly recording a prisoner’s solicitation of another prisoner to kill two witnesses and assault a prosecutor in his pending criminal case did not violate his constitutional right ...

Veteran Oregon Jail Guard Indicted and Jailed

by Mark Wilson

An Oregon jail guard’s 22-year career ended in handcuffs in May 2019 when she was booked into jail on a five-count indictment, including witness tampering and official misconduct.

Marion County Sheriff’s Office (MCSO) deputy Janet Eagleston was indicted on four counts of first-degree official misconduct – for ...

Oregon Faces State and Federal Contempt Proceedings Over Delayed Competency Services for Mentally Ill Defendants – Again

by Mark Wilson

"The Oregon State Hospital has known about this for 16 years,” criminal defense attorney Amanda Thibeault said as she fought back tears. “I feel like I’m failing my client. For too long the Oregon legislature and the agencies it funds have placed other priorities ahead of ...

Jails in Oregon and Washington State Have High Prisoner Death Rates

by Matt Clarke and Mark Wilson

The Spokane County jail in Washington State recently marked its ninth prisoner death since June 2017. But it was hardly unique. A study released in May 2019 by Columbia Legal Services (CLS), a nonprofit law firm, counted 210 prisoner deaths in local jails across ...

Body-Wire Evidence of Oregon Jail Murder for Hire Plot Must be Suppressed; Solicitation Does Not Support Attempted Murder Conviction

by Mark Wilson

 The Oregon Court of Appeals held that a prisoner who solicited another prisoner to kill a witness cannot be convicted of attempted aggravated murder. It also held that body-wire evidence obtained by the prisoner should have been suppressed.

Marcellus Ramon Allen was arrested on a May 2012 ...