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City of Eugene v. McNamara
McNamara was arrested by a Eugene police officer for driving under the influence of alcohol. A breath test showed a blood alcohol level of .42%. McNamara was formally charged with driving under the influence of alcohol. McNamara retained us. At trial, the judge instructed the jury that a
person with a blood alcohol level in excess of .08% was under the influence of alcohol. We argued that the breath test was
unreliable and, therefore, that the prosecution had failed to establish guilt beyond a reasonable doubt. The jury found McNamara
not guilty.
State v. Nelson
A deputy sheriff was shopping when he saw Nelson and her boyfriend with a shopping cart holding 30 or 40 white five gallon buckets, wire shelving and light bulbs. He saw Nelson and her boyfriend load the items into a car. He used the license plate number to find out where they lived, and learned that their power consumption had increased during the last few months. Nearly two months later, the deputy and a second deputy approached the
house by walking down the driveway past the garage to the front porch. One of the deputies rang the doorbell with no
results. They then walked back past the garage. There was a plain trail from the driveway to the door of the garage.
There were no fences or signs on the property. The side garage door sat about 10 or 15 feet from the driveway.
They approached the door to knock. There was no light visible through the window. As they approached the door,
the deputies both could detect a strong odor of marijuana.
One of the deputies submitted an affidavit in support of a search warrant
and obtained a warrant. The deputies and other police officers searched the house and seized a marijuana growing operation
which included numerous plants. The state charged Nelson and her boyfriend with felonies involving marijuana.
Nelson hired us. We filed a motion to suppress, arguing that the
approach by the deputies to the side door of the garage was an unlawful search, and that the remaining information in the
search warrant affidavit was insufficient to state probable cause to justify the warrant. The prosecutor reviewed our
argument, and dismissed the criminal charges against Nelson.
State v. Peacock
Peacock used a broken beer glass to put out his best friend's eye in a bar fight. He was charged with assault in the first degree. Another attorney was appointed to defend him at trial. The jury found him guilty. Peacock hired us. The judge sentenced him to 30 years in prison with a minimum mandatory sentence of 15
years. We filed an appeal. The Oregon Court of Appeals reversed Peacock's conviction on the grounds that the judge admitted
evidence which should not have been admitted, and that the judge instructed the jury improperly. Peacock pled guilty to a
much less serious crime, and was placed on probation.
State v. Rogers
An anonymous informant implicated Rogers. He was charged with possession and delivery of methamphetamine. He retained us. We moved the court to require the prosecutor to disclose the identity of the informant.
We argued that the defense needed the identity of the informant to insure a fair trial. A judge granted the motion. The prosecutor
refused to disclose the identity, and all charged were dismissed.
State v. Thayer
Thayer was born abroad, raised legally in the United States, but never became an American citizen. When he was 17, his sister claimed they had sexual relations. He was charged in court with felony rape. Thayer advised his attorney that he was innocent. His attorney reviewed the evidence, and advised Thayer he would likely be convicted at trial and deported, to his birth country where he didn't know anyone or the language. Thayer consented to his attorney's negotiation of a plea agreement to three counts of sexual abuse in the third degree, which are misdemeanors under Oregon law. The attorney advised Thayer that this would probably prevent deportation. At sentencing, he judge advised Thayer that while the plea negotiations for misdemeanor convictions were structured to avoid deportation, there was no guarantee. In fact, misdemeanor sexual abuse under Oregon law is considered an aggravated felony under federal law, for which deportation is mandatory. The INS initiated deportation proceedings. Thayer hired us. We petitioned for post conviction relief arguing that the pleas were not voluntary
and intelligent and that Thayer was deprived of effective assistance of counsel, because his attorney failed to advise him
adequately regarding deportation and defenses. The Court granted the relief requested. The State declined to pursue
the criminal case. The INS dismissed the deportation proceedings. We then filed a motion to seal the record of
his arrest, which was granted.
State v. Wray
Wray was charged with menacing, recklessly endangering, hit and run, and reckless driving. A warrant went out for his arrest. Although Wray continued to reside in the area, he was not arrested on the warrant for a year and a half. He hired us. We moved to dismiss the charges, successfully arguing that his right to a speedy trial had
been denied. All charges were dismissed.
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