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Articles by Mark Wilson

Racism Complaint Forces Oregon Police Chief’s Retirement; Reporting Officer Receives Death Threats, Retaliation and Cold Shoulder

An Oregon police officer, who brought a racism complaint against his Police Chief forcing him to retire, has received death threats and suffered other retaliatory backlash.

Clatskanie police officer Alex Stone filed a written complaint with the Oregon Department of Public Safety Standards and Training, alleging that he was present ...

8,000 Oregon Victims Incorrectly Alerted of Prisoner Releases

Approximately 8,000 Oregon crime victims were recently alarmed when they were erroneously alerted that the prisoners who committed crimes against them would be released.

Since 2001, the Oregon Department of Corrections (ODOC) has been one of 47 states that contracts with Appriss to notify crime victims of transfers, escapes, and ...

BOP Settles Lawsuit by Recognizing Humanism as Religion

The federal Bureau of Prisons (BOP) has agreed to recognize "Humanism" as an official "religion" to settle a prisoner's lawsuit.

Jason Michael Holden is a BOP prisoner who was confined at the Federal Correctional Institution (FCI) in Sheridan, Oregon. He is a "Humanist." Rather than simply rejecting a belief in ...

Oregon Court Explains DNA Testing Prima Facie Requirement

The Oregon Court of Appeals held that a prisoner failed to make a prima facie showing warranting post-conviction DNA testing.

Oregon first adopted a post-conviction DNA testing law in 2002. The person requesting DNA testing must: (1) submit an affidavit containing a statement that the person is actually innocent and ...

Oregon PCR Judgments Must Satisfy "Clear-Statement Rule"

The Oregon Court of Appeals held that trial court judgments denying post-conviction relief (PCR) must satisfy the "clear-statement rule" required by Oregon law.

ORS 138.640(1) mandates that a PCR judgment "must clearly state the grounds on which the cause was determined, and whether a state or federal question was presented ...

Unauthorized, Unpreserved Oregon Court-Appointed Attorney Fees Reversed

The Oregon Court of Appeals reversed lower court assessments of attorney fees against criminal defendants without finding that they are, or may be, able to pay.

Clifford Graham was convicted of four sex crimes. Since he had previously been twice convicted of sex crimes, the court sentenced Graham to life ...

Mentally Ill Oregon Prisoner's Appeal Dismissed for Hanging Up on Judge

The Oregon Court of Appeals upheld the dismissal of a mentally ill prisoner's appeal for hanging up from telephonic hearings while the judge was speaking.

Oregon prisoners may file a collateral appeal known as a post-conviction relief (PCR) action. The PCR court appoints counsel and the prisoner generally appears telephonically ...

Oregon Guard's Wrongful Discharge Suit for False Poisoning Claim Revived

The Oregon Court of Appeals reinstated a wrongful termination suit of a youth prison guard who claimed that someone poisoned his unattended Vitamin Water. The trial court improperly applied an objective reasonableness standard, when only a subjective, good faith basis for the report was required.

Timothy Hall was an Oregon ...

Oregon Court's No Plea Policy is Abuse of Discretion

The Oregon Court of Appeals held that rejecting guilty pleas that reduce misdemeanors to violations solely on the basis of a policy of refusing to allow defendants who are charged with misdemeanors to plead guilty to violations was an abuse of discretion.

Jaden Nora Justice stole $26.51 worth of merchandise ...

No Oregon Restitution for Post-Crime Conduct

The En Banc Oregon Court of Appeals reversed a lower court's imposition of restitution stemming from a defendant's post-crime unlawful conduct.

Oregon law authorizes sentencing courts to impose restitution only for economic damages which result from a crime that a criminal defendant is convicted of. ORS 137.106(1)(a).

Scott Gerhardt was ...