Downloadable Resources

The Oregon Supreme Court has accepted review of JDL's challenge to the scientific validity of an expert diagnosis of intentional child abuse perpetrated by a specific actor. The case is State v. Sanchez-Alfonso. JDL's petition for review is here. Oral argument is expected in June.

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JDL Attorneys has filed its opening brief in the capital murder case of Michael Spencer Washington, Jr. In the brief, JDL Attorneys allege over twenty errors committed in the trial, and seek a new trial for Mr. Washington. Argument in the case will likely come in early 2013.

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The Oregon Supreme Court has agreed to hear a case that may set the boundaries of technology and law enforcement for the future.

In State v. Nix, the police searched the entire data contents of a cell phone without a warrant, following the man´s arrest. The Oregon Supreme Court will determine if such a search was constitutional.

The Supreme Courts of both Ohio and California have faced similar issues, and come down on differing sides of the question. Last month, in People v. Diaz, the California Supreme Court determined that no warrant was required. In Ohio v. Smith, the Ohio Supreme Court held the opposite. Oregon will be the third state to consider the question, which may well find its way to the United States Supreme Court.

"With the evolution of technology, our entire lives are carried on our iPhones and Blackberries," said Bronson James, of JDL Attorneys LLP, Nix´s attorney. "Health records, financial documents, private emails, family pictures, they´re all on that device. It´s our position that before the government expose all of that, a warrant is required."

Oral argument on the case is set for May 4, 2011.

JDL Attorneys LLP brief on the merits can be found here.

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JDL is currently litigating the admissibility of CARES videotapes in felony sex crime prosecutions in Oregon, post-Southard. The link below is a sample motion prepared for the trial bar based on our argument.

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JDL has successfully challenged the validity of Oregon's disorderly conduct statute. This issue has never risen to the appellate courts, but has had success in circuit court. A sample motion based on our work is provided for the trial bar.

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In Mary, 2011, JDL Attorneys partner, Bronson James, will litigate State v. Nix before the Oregon Supreme Court, to decide the constitutionality of the warrantless search of cell phones and other portable data devices. This sample motion is based on the Nix arguments, and is offered to the trial bar to preserve the issue.

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JDL Attorneys LLP is currently litigating the admissibility of extrinsic evidence of an accuser's prior recantation in sex crime trials. This motion is prepared for to assist the trial bar in preserving this issue.

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