Tuesday, October 27, 2020

Response to claims by Mr. Beal

Latest articles

Courser braces Schrader over law and order stand

Mounting the biggest challenge ever to an entrenched incumbent, Congressional candidate Amy Ryan Courser this week drew a stark battle line between her and six-term representative Kurt Schrader over law enforcement in the U.S. Fifth District.

Lincoln County discusses waiver of fees retroactively for wildfire victims

Lincoln County government met Monday to discuss possibly waiving construction fees for victims of the Echo Mountain Complex Wildfire and may do so retroactively to Sept. 8. 

Newport K9 team discovers commercial quantity of meth

Newport Police Officer Hayden Randall and his partner, K9 Nero, were responsible for discovering a commercial quantity of methamphetamine during a routine traffic violation...

NWS issues freeze warning for North, Central Oregon Coast

National Weather Service Portland issued a freeze warning Sunday night for the North and Central Oregon Coasts for 1-10 a.m. Monday.

Redemption Thrift theft in Taft

Former Lincoln City Mayor Don Williams took to Facebook Saturday with a video that shows a man making off with charity funds from his Redemption Thrift store in Taft.

Enough with the COVID doom and gloom

I just this minute have had enough of the doom and gloom COVID narrative.

Homepage team behind Fox 12 wildfire coverage

Where do Portland TV stations get their breaking news? Often, it turns out, from Lincoln City Homepage!
00:04:44

Volunteers raise spirits, hope amid wildfire ashes

A spirited volunteer cleanup effort is underway in Otis as workers sift through the rubble of destroyed homes left behind by the Echo Mountain Complex Wildfire.

Dick Anderson has lots of help funding his campaign

This past Wednesday, the Lincoln City News Guard ran a huge campaign ad for Dick Anderson and three other conservative candidates.

Legislators work to address double taxation, property taxes for fire victims

Oregon legislators are working to address problematic taxation statutes victims of wildfires are facing as they try to recover and rebuild.

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Evacuations in effect for Lincoln City

A level 3 evacuation is in effect for all of Lincoln City from 40th street north. Level 3 means go now.

MYSTERY SOLVED! D.B. Cooper was my friend

He was the soldier who became a skyjacker, the skyjacker who became a priest, and the priest who lived and died in Depoe Bay. He was D.B. Cooper, the most famous fugitive on earth, and he was my friend.

Fire strikes historic Otis Cafe on Independence Day

North Lincoln Fire Rescue units swarmed the Otis Cafe shortly before 8 p.m. Thursday to combat a fully involved fire at the iconic restaurant.

Highway 101 hole prompts ODOT to call in geologists

Oregon Department of Transportation officials have called in geologists Thursday to take core samples of a hole on southbound Highway 101 in Otis.

Lincoln City wildfires update

Lincoln City government issued an update Thursday on wildfires north of the city, saying all evacuation orders are still in effect and residents are not allowed in the area.

An evacuated Lincoln City sits dark and intact

Lincoln City Police were active Wednesday night and were patrolling with spotlights in a town evacuated and once again without power.

Lincoln City Homepage Letters to the editor

A letter appeared by David Beal to which I feel compelled to respond. Mr. Beal states 25 of 30 cases on appeal have been reversed for “illegal sentences.”

First, do not be misled that 30 cases have been appealed in my career.  When a case is appealed, the state sends the court a courtesy copy of the brief.  I have kept all those briefs.  I have 97 briefs in my office.  So, if 25 cases have been reversed as “illegal,” 72 have been affirmed.

Second, Mr. Beal’s letter prompted me to do my own search of appellate records.  To get to 25 cases he calls an “illegal sentence” he includes the imposition of a $60 state assessment and/or attorney fees which were assigned in error.  In other cases, a condition of probation needed to be modified. These cases were remanded to correct the error, not reversed. The convictions were not overturned.

Third, when Mr. Beal states it is always the defense appealing a ruling, that is the nature of the appellate practice.  As any criminal law attorney will tell you, very few appeals are filed by the state.  Finally, statistics always need context.  In a given year a very conservative estimate of the number of criminal cases I handle is roughly 700.  I have the largest volume court in this county and have presided over more jury trials in the past 12 years than any other judge.

So, in 12 years I have handled conservatively 8,400 criminal cases.  Therefore, even if you accept Mr. Beal’s statistics as accurate, that is a .0029 percent rate of error.  I will let you evaluate his assertion “she errs regularly.”

 

Sheryl Bachart
Circuit Court Judge

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The views and opinions expressed in letters to the editor are not necessarily those of Lincoln City Homepage.

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Redemption Thrift theft in Taft

Former Lincoln City Mayor Don Williams took to Facebook Saturday with a video that shows a man making off with charity funds from his Redemption Thrift store in Taft.

Newport K9 team discovers commercial quantity of meth

Newport Police Officer Hayden Randall and his partner, K9 Nero, were responsible for discovering a commercial quantity of methamphetamine during a routine traffic violation...

MYSTERY SOLVED! D.B. Cooper was my friend

He was the soldier who became a skyjacker, the skyjacker who became a priest, and the priest who lived and died in Depoe Bay. He was D.B. Cooper, the most famous fugitive on earth, and he was my friend.

NWS issues freeze warning for North, Central Oregon Coast

National Weather Service Portland issued a freeze warning Sunday night for the North and Central Oregon Coasts for 1-10 a.m. Monday.

Enough with the COVID doom and gloom

I just this minute have had enough of the doom and gloom COVID narrative.

Courser braces Schrader over law and order stand

Mounting the biggest challenge ever to an entrenched incumbent, Congressional candidate Amy Ryan Courser this week drew a stark battle line between her and six-term representative Kurt Schrader over law enforcement in the U.S. Fifth District.

Lincoln County discusses waiver of fees retroactively for wildfire victims

Lincoln County government met Monday to discuss possibly waiving construction fees for victims of the Echo Mountain Complex Wildfire and may do so retroactively to Sept. 8. 

Dick Anderson has lots of help funding his campaign

This past Wednesday, the Lincoln City News Guard ran a huge campaign ad for Dick Anderson and three other conservative candidates.

Homepage team behind Fox 12 wildfire coverage

Where do Portland TV stations get their breaking news? Often, it turns out, from Lincoln City Homepage!