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State v. Abernathy
Officers received a tip from a named informant, went to the side of the Abernathys’ home, and observed growing marijuana plants. They were charged with felonies involving marijuana. They hired us. We moved to suppress the evidence because the officers
observed the marijuana from a vantage point where they had no right to be.
Concerned that the motion would be granted, the state dismissed all criminal charges. State v. Ames
A deputy sheriff swore that an unnamed informant told him that Ames and others were growing marijuana in buses buried underground, and that the informant had no reason to exaggerate or fabricate. The deputy obtained a state court search warrant, and officers seized marijuana plants growing in buses buried underground. Ames was charged with felonies involving marijuana. He hired us. We filed motions for a hearing to controvert the officer’s
second sworn statement, and to suppress. A judge concluded that the deputy’s second sworn statement was "patently false,"
and disregarded both sworn statements, and ordered all evidence suppressed.
The state appealed to the Oregon Court of Appeals, which reversed the
judge’s order suppressing the evidence on the basis that the judge should have disregarded only the second sworn statement.
We argued to the Oregon Supreme Court that the judge was right and the
Court of Appeals was wrong. The Supreme Court unanimously agreed.
All charges were dismissed.
State v. Beall
A deputy sheriff swore that the power consumption at the residence of Beall and her husband during the last few months was consistent with a marijuana growing operation, that Beall’s husband had possessed $8000 in cash during the last few months, that a drug sniffing dog had responded positively to the cash, and that there was a load of firewood in the front yard of the Bealls’ residence which indicataed that the residence was heated by a wood stove. The deputy obtained a search warrant, and he and other officers searched the premises, and seized approximately 50 pounds of marijuana from the residence. Beall was charged with felonies involving marijuana. She hired us. We filed a motion to suppress, arguing that the deputy’s sworn statement was insufficient
to establish probable cause to support the warrant. The judge agreed and ordered all evidence suppressed.
All charges were dismissed.
United States v. Becker Early one morning, Becker was asleep in his room and his 15-year-old daughter was asleep in her room. Suddenly, without warning, federal agents and police officers armed with a search warrant kicked in the front door, and entered the two rooms with firearms drawn. The agents and officers ultimately seized residue of methamphetamine and P-2-P. Becker was changed in federal court with felonies involving methamphetamine. He hired us. We filed a motion to suppress. A judge concluded that the failure of officers and agents to
knock and announce their identity and purpose prior to kicking in the front door was not unlawful. Becker was convicted and
sentenced to 121 months in federal prison. However, the judge allowed him to remain free pending appeal.
We appealed to the United States Court of Appeals for the Ninth Circuit, arguing that the entry by the police
had violated Becker's constitutional rights. A three-judge panel of the Ninth Circuit unanimously agreed, excluding all evidence
seized as a result of the entry and reversing Becker’s conviction.
All charges were dismissed.
State v. Bennett
Bennett was involved in an incident that resulted in an indictment for unauthorized use of a motor vehicle. He was also charged in a separate case with driving while suspended and attempting to elude a police officer. He hired us to represent him in both cases. He pled guilty to the
unauthorized use of motor vehicle charge and was sentenced to probation. We then filed a motion to dismiss the charges of
driving while suspended and attempting to elude on the basis that Bennett had already been put in jeopardy for his conduct.
The trial court agreed and dismissed the charges.
The state appealed, but the Court of Appeals affirmed the victory.
State v. Cobb
Cobb was on leave from his state prison sentence for the manufacture of methamphetamine. He also had a prior conviction for manufacturing methamphetmine. He purchased the chemicals needed to manufacture methamphetamine from an informant. An undercover officer observed and tape-recorded the transaction. Cobb was charged with conspiracy and attempt to manufacture methamphetamine in federal court. An attorney was appointed to represent him. Cobb pled guilty to conspiring
to manufacture methamphetamine. He learned he was likely to be sentenced to 25 years in prison. He asked his court-appointed
attorney to file a motion to withdraw the guilty plea. The attorney filed a motion. A judge denied the motion.
Cobb hired us. We filed a motion to withdraw the guilty plea on different
grounds. The judge granted the motion.
We went to trial. Cobb waived jury and did not testify. Another judge
found him not guilty.
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