December, 2011

Oregon Court of Appeals permits prisoner to sue over illegal prison term, rejects discretionary-immunity claim

In Westfall v. Oregon, ___Or App___, ___P3d___ (slip opinion dated 12/29/2011), the Oregon Court of Appeals reversed a trial court’s ruling dismissing a prisoner’s lawsuit about the incorrect calculation of his prison term. As a result, the prisoner will be allowed to proceed with his lawsuit against the prison for unlawfully extending his sentence. The opinion is interesting for two reasons....

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Top ten US Supreme Court cases on criminal law

This is my list of the ten most significant US Supreme Court cases relating to criminal law. I think I’ve cited every case on this list in a brief or motion within the last few months, and any competent criminal attorney would know most of these cases offhand. In Mapp v. Ohio, 367 US 643 (1961), the Supreme Court held that evidence could not be admitted in a criminal trial if it was obtained...

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