Friday, May 29, 2020

Response to claims by Mr. Beal

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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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The last mayor of Depoe Bay

It would be difficult to name a more Utopian spot on the Oregon coast than Depoe Bay, a picturesque seafaring town with 1,600 largely blissful residents who are about to be flattened by a financial meteorite.

Lincoln County does not meet Phase 2 reopening criteria

Governor Kate Brown released the Phase 2 reopening application process Thursday night and today the Oregon Health Authority determined Lincoln County does not meet the criteria to apply due to high community spread. 

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You might have heard a little about contact tracing -- the process of identifying people who have come into contact with someone who has tested positive for COVID-19, instructing them to quarantine and monitor their symptoms daily. 

Tenth Lincoln County COVID-19 case is presumptive

Lincoln County Public Health announced today a presumptive COVID-19 case. This resident is symptomatic, has had contact with a confirmed case, and is waiting for test results.

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Yesterday’s presumptive positive case had a negative test result so will be removed from the total.  The current totals for Lincoln County are: 10 confirmed positive, 1403 negative tests, 8 recovered, and 1 was hospitalized during illness. 

Lincoln City to hold public hearing on state revenue sharing

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