THURSDAY, JANUARY 22, 2015
Oregon Court of Appeals - State v Lambert
Founder Rachel Philips was the trial attorney on this case that was just reversed today by the Oregon Court of Appeals - State v Lambert, argued on appeal by the brilliant Zack Mazer.
On a petition for reconsideration the COA found that the burden was on the state to prove that the warranted search was independent of the illegal seizure. Also that the limited remand was incorrect, in this case, the record does not support the conclusion that police would have inevitably discovered the disputed evidence. Therefore, the trial court erred by not granting defendant's motion to suppress, and defendant is entitled to have all of his convictions that were affected by that error reversed and remanded.
Congratulations to Zack and Rachel for the win!
Full slip opinion available via the link:
Posted At 10:01 AM