Attorney Andy Simrin's Legal Cases

Appeals

Wilson v. Board of Parole, 349 Or 461 (2010)

Dec 23, 2010

OUTCOME: Parole Board order in double aggravated murder case reversed

The petitioner was convicted of two aggravated murders he committed at the age of 15, and the trial court imposed consecutive life sentences, each with a 30-year minimum period of confinement. Twenty ... years later, the Board of Parole determined that he was likely to be rehabilitated within a reasonable period of time. Overruling its previous decision in Norris v. Board of Parole, 331 Or 194, 13 P3d 104 (2000), the Oregon Supreme Court held that the rehabilitation finding applies to both sentences, overrides both minimum periods of confinement and requires the Board to set an initial release date under the parole matrix.

Appeals

State v. Idol

Apr 01, 2009

OUTCOME: conviction for drug possession reversed

The defendant in this case was stopped for a traffic infraction and consented to a search. The police officer found what he described as â€œa used meth pipe and a bag with methamphetamineâ€ in the de ... fendant's pocket. Although a lab report indicated that the substance was methamphetamine, the Oregon Court of Appeals reversed the defendant's conviction, because admitting the lab report into evidence without any testimony from the criminalist violated the defendant's constitutional right to confront the witnesses against him.

Appeals

Kincek v. Hall, 217 Or App 227, 175 P3d 496 (2007)

Dec 26, 2007

OUTCOME: Conviction for attempted murder reversed

The petitioner's conviction for attempted murder was set aside in this post-conviction proceeding because the petitioner's original trial attorney failed to call a psychologist as an expert witness to ... answer hypothetical questions that could have assisted the jury in determining whether the petitioner intended to kill the victim when he threatened her.

Appeals

Ornelas v. Ornelas

Dec 19, 2007

OUTCOME: judgment reversed

In this divorce case, the wife had received a ring as a gift from her mother before she got married, but she did not realize that the 3-carat diamond in the ring was real until after she was married. ... Later, when the couple divorced, the trial judge awarded her husband half of the value of ring, because the couple had used money from their joint checking account to put the diamond into a new setting. The judge also ordered the wife to pay $27,000 in attorney fees to her ex-husband. The Court of Appeals ruled that the wife was entitled to the entire value of the ring and that her ex-husband was not entitled to an award of attorney fees.

Appeals

Patterson v. Freeman

May 23, 2007

OUTCOME: judgment reversed

In this case, a prison inmate filed a frivolous lawsuit against his former fiancee and her mother. The lawsuit was quickly dismissed, but the trial judge refused to award attorney fees to the former f ... iancee and her mother. The Oregon Court of Appeals reversed the order that denied them their attorney fees, ruling that they had done everything they needed to do to justify an award of attorney fees in successfully defending against a frivolous lawsuit.

Appeals

Engweiler v. Cook

Apr 13, 2006

OUTCOME: Department of Corrections order clarified

The inmate in this case had been sentenced to life imprisonment with the possibility of parole. The Oregon Supreme Court ruled that, once the Board of Parole established a prison term for the inmate, ... the Department of Corrections would be required to allow him to earn good time.

Appeals

State v. Davis

Oct 02, 2003

OUTCOME: conviction for murder reversed

The sole factual dispute in this case was whether the defendant killed the alleged victim or whether she committed suicide. The Oregon Supreme Court reversed the defendant's conviction for murder, bec ... ause the jury had not been allowed to consider evidence that she had repeatedly threatened to commit suicide. This case is Oregon's most frequently cited case for determining when an evidentiary error in a trial requires reversal.

Appeals

State v. Fry

Mar 20, 2002

OUTCOME: convictions reversed

In this case, the Court of Appeals reversed three of the defendant's four convictions, even though he had confessed to all four crimes, and the confession was properly admitted into evidence. The Cour ... t of Appeals held that, because there was no evidence other than the uncorroborated confession for the three crimes, the evidence was legally insufficient to sustain convictions for those charges.

Appeals

Bollinger v. Board of Parole

Dec 09, 1999

OUTCOME: parole board order reversed

The order releasing the inmate onto parole was reversed, because the inmate had the right to refuse an order granting parole. Instead, he was entitled to remain a few weeks longer in prison in order t ... o avoid a lengthy term of parole.

Appeals

State v. Fuller

Feb 17, 1999

OUTCOME: conviction for drug possession reversed

The defendant's live-in girlfriend allowed police to search the defendant's nightstand, which he generally kept locked. The officer found what appeared to be marijuana in a drawer in the nightstand. ... The defendant was convicted of possession of a controlled substance. The Court of Appeals reversed his conviction, because his girlfriend did not have actual authority to consent to a search of his nightstand, so his motion to suppress should have been granted.

Andy Simrin's Legal Cases (10)

Wilson v. Board of Parole, 349 Or 461 (2010)

State v. Idol

Kincek v. Hall, 217 Or App 227, 175 P3d 496 (2007)

Ornelas v. Ornelas

Patterson v. Freeman

Engweiler v. Cook

State v. Davis

State v. Fry

Bollinger v. Board of Parole

State v. Fuller