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Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution
Loaded on April 15, 2014
by Mark Wilson
published in Prison Legal News
April, 2014, page 44
Filed under:
Restitution.
Location:
Oregon.
In May 2013, the Oregon Court of Appeals agreed that a trial court had committed plain error when it recommended that a defendant pay restitution in an amount to be determined by the Board of Parole and Post-Prison Supervision (Board). The appellate court refused to correct the error, however, because ...
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More from this issue:
- An Interview with Noam Chomsky on Criminal Justice and Human Rights
- From the Editor, by Paul Wright
- $2.25 Million Jury Verdict against LCS in Texas Prisoner Death Suit, by Matthew Clarke
- Ohio: Attorney General May Not Increase Sex Offender’s Registration Requirements
- The Inadequacy of Prison Food Allergy Policies, by Jamie Longazel
- U.S. Supreme Court: District Courts Can Make Federal Sentences Consecutive or Concurrent to Future State Sentences
- $15.5 Million Settlement for Mentally Ill Jail Detainee Held in Solitary Confinement
- Kitchen Supervisor Gets Prison Time for Sexually Abusing Two Prisoners
- Colorado Prisoner who Murdered Guard Gets Life Without Parole
- Lowering Recidivism through Family Communication, by Alex Friedmann
- Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search
- No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant
- Update on Missouri Incarceration Reimbursement Act Case
- Arkansas Suing Prisoners for Incarceration Costs
- Montana: Hospitalized Prisoner Entitled to Continuance in Divorce Case
- California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court
- Texas: False Arrest and Malicious Prosecution Result in $411,865.18 Recovery
- Study: TASER Shocks May Cause Fatal Heart Attacks, by Matthew Clarke
- Texas Court Holds CCA is a Governmental Body for Purposes of Public Records Law
- Mass Incarceration: The Whole Pie, by Peter Wagner
- New York Prisoner Secures Court Order for Visitation with Child
- GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms, by Christopher Zoukis
- Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional
- Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner
- No Death Penalty for Maine Prisoner, by Lance Tapley
- The Redbook – A Manual on Legal Style, by John Dannenberg
- Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County
- Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution, by Mark Wilson
- New York Prison Officials Can Force-Feed Hunger Striking Prisoner
- Ninth Circuit: Delay in Providing Dental Care May Constitute Deliberate Indifference
- Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit
- Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence, by Mark Wilson
- Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim
- Idaho Supreme Court Upholds Dismissal of Section 1983 Claims in Jail Suicide Case, by Mark Wilson
- Federal Court Must Give Reasons for Special Conditions of Supervised Release, by David Reutter
- Washington PRA Violations Result in Costs and Penalties, by Mark Wilson
- Prisoner Organ Transplants, Donations Create Controversy
- Oklahoma Jailers Not Immune from Excessive Force Claims
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Missouri Senior Citizen Jailed Three Days After Letting Dog Off Leash, April 27, 2023. Restitution, Ability to Pay.
- Fifth Circuit Upholds Nearly $13.5 Million Restitution Order Against Federal Prisoner, Oct. 31, 2022. Restitution, Mandatory Victims Restitution Act (MVRA).
- Hawaii Supreme Court Orders New Parole Hearing for Prisoner Held Since 1979, May 1, 2022. Restitution, Conditions of, Ability to Pay.
- Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, Jan. 15, 2022. Restitution.
- Government Wants Federal Prisoner’s $250,000 Settlement to Pay Restitution, Jan. 8, 2020. Settlements, Restitution.
- Disciplinary Hearing Restitution Order Enforceable in Bankruptcy Proceeding, Sept. 14, 2019. Medical, Disciplinary Hearings, Attorneys, Restitution.
- Deductions from Pennsylvania Prisoner’s Trust Account Require Notice, Nov. 6, 2018. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Arkansas Supreme Court finds reimbursement from a §1983 settlement improper, July 17, 2018. Settlements, Money/Property, Seizure of Prisoner Funds, Restitution, Trust Accounts.