Boyd rule in Oregon

2025In 2021, three years after petitioner’s trial, while petitioner’s criminal case was on direct appeal, we issued our opinion in State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 1 As we noted in Ayala v. Fhuere, 339 Or App 82 , 86 n 1, 566 P3d 716 (2025), the “legislature amended the delivery statutes in 2024 to effectively reinstate the Boyd rule[,]” which, as explained in this opinion, was overruled by State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 371 Or 340 , 537 P3d 340 (2023).

2025In 2021, three years after petitioner’s trial, while petitioner’s criminal case was on direct appeal, we issued our opinion in State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 1 As we noted in Ayala v. Fhuere, 339 Or App 82 , 86 n 1, 566 P3d 716 (2025), the “legislature amended the delivery statutes in 2024 to effectively reinstate the Boyd rule[,]” which, as explained in this opinion, was overruled by State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 371 Or 340 , 537 P3d 340 (2023).

2025In 2021, three years after petitioner’s trial, while petitioner’s criminal case was on direct appeal, we issued our opinion in State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 1 As we noted in Ayala v. Fhuere, 339 Or App 82 , 86 n 1, 566 P3d 716 (2025), the “legislature amended the delivery statutes in 2024 to effectively reinstate the Boyd rule[,]” which, as explained in this opinion, was overruled by State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 371 Or 340 , 537 P3d 340 (2023).

2025In 2021, three years after petitioner’s trial, while petitioner’s criminal case was on direct appeal, we issued our opinion in State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 1 As we noted in Ayala v. Fhuere, 339 Or App 82 , 86 n 1, 566 P3d 716 (2025), the “legislature amended the delivery statutes in 2024 to effectively reinstate the Boyd rule[,]” which, as explained in this opinion, was overruled by State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 371 Or 340 , 537 P3d 340 (2023).

2025In 2021, three years after petitioner’s trial, while petitioner’s criminal case was on direct appeal, we issued our opinion in State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 1 As we noted in Ayala v. Fhuere, 339 Or App 82 , 86 n 1, 566 P3d 716 (2025), the “legislature amended the delivery statutes in 2024 to effectively reinstate the Boyd rule[,]” which, as explained in this opinion, was overruled by State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 371 Or 340 , 537 P3d 340 (2023).

2025In 2021, three years after petitioner’s trial, while petitioner’s criminal case was on direct appeal, we issued our opinion in State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 1 As we noted in Ayala v. Fhuere, 339 Or App 82 , 86 n 1, 566 P3d 716 (2025), the “legislature amended the delivery statutes in 2024 to effectively reinstate the Boyd rule[,]” which, as explained in this opinion, was overruled by State v. Hubbell, 314 Or App 844 , 500 P3d 728 (2021), aff’d, 371 Or 340 , 537 P3d 340 (2023).

2021In Fisher, the Court explained that it rejected Boyd’s analysis because the Fifth Amendment “does not independently proscribe the compelled production of every sort of incriminating evidence but applies only when the accused is compelled to make a [t]estimonial [c]ommunication that is incriminating.” Fisher, 425 US at 408 ; see also Case Comment, The Rights of Criminal Defendants and the Subpoena Duces Tecum: The Aftermath of Fisher v. United States, 95 Harv L Rev 683, 683-84 (1982) (noting that Fisher represented “a fundamental shift in [F]ifth [A]mendment jurisprudence from a concern with pr

2021Later, in United States v. Doe, 465 US 605, 610 , 104 S Ct 1237 , 79 L Ed 2d 552 (1984) (Doe I), the Court confirmed that understanding of the Fifth Amendment, holding that vol- untarily created documents, even voluntarily created documents in an individu- al’s possession, are not protected by the Fifth Amendment. 508 State v. Pittman already knew that the documents existed, where they were located, and that the taxpayers has access to them.

2021Later, in United States v. Doe, 465 US 605, 610 , 104 S Ct 1237 , 79 L Ed 2d 552 (1984) (Doe I), the Court confirmed that understanding of the Fifth Amendment, holding that vol- untarily created documents, even voluntarily created documents in an individu- al’s possession, are not protected by the Fifth Amendment. 508 State v. Pittman already knew that the documents existed, where they were located, and that the taxpayers has access to them.

2017When “a complete account of one crime necessarily includes details of the other,” the crimes are “cross-related.” State v. Boyd, 271 Or 558, 567 , 533 P2d 795 (1975); see also Witherspoon, 250 Or App at 322 (applying the Boyd test in the context of criminal sentencing history).

2017When “a complete account of one crime necessarily includes details of the other,” the crimes are “cross-related.” State v. Boyd, 271 Or 558, 567 , 533 P2d 795 (1975); see also Witherspoon, 250 Or App at 322 (applying the Boyd test in the context of criminal sentencing history).

1985In State v. Oliver, 26 Or App 331 , 552 P2d 562 (1976), we considered the Boyd test where the carcasses of an elk and a steer had been discovered hanging side by side in the defendant’s shed.

1985In State v. Oliver, 26 Or App 331 , 552 P2d 562 (1976), we considered the Boyd test where the carcasses of an elk and a steer had been discovered hanging side by side in the defendant’s shed.

1983Admissions derived from an interrogation about the fire in the absence of an attorney were suppressed because the two crimes of burglary and arson involved the same premises, the same victims and were closely connected in time. 86 Cal. App.3d at 61 , 150 Cal. Rptr. at 38 .

1983Admissions derived from an interrogation about the fire in the absence of an attorney were suppressed because the two crimes of burglary and arson involved the same premises, the same victims and were closely connected in time. 86 Cal. App.3d at 61 , 150 Cal. Rptr. at 38 .