Oregon Supreme Court

Opinions Filed in June 2015

Montara Owners Assn. v. La Noeu Development, LLC

If a construction contract is only partially overbroad under ORS 30.140, then only those overbroad portions are voidable, rather than the entire contract. If no evidence supports a jury instruction on diminution of value, a jury instruction on damages under the economic waste doctrine is harmless.

Area(s) of Law:
  • Contract Law

State v. Delong

A defendant's voluntary consent to a search may be sufficient to demonstrate that an officer's failure to give a Miranda warning did not affect, or only had a tenuous connection, to evidence discovered during the search.

Area(s) of Law:
  • Criminal Procedure

Eclectic Investment, LLC v. Patterson

The Supreme Court may allow reconsideration of a decision where it based its conclusion on an analysis not identified by the parties to the suit, but where that analysis produces the same result it will adhere to its opinion.

Area(s) of Law:
  • Tort Law

Green v. Franke

In post-conviction proceedings where petitioner argues inadequate representation at trial which resulted in prejudice to the case, the proper standards to apply are (1) whether trial counsel’s acts or omissions constituted inadequate assistance of counsel when viewed in light of counsel’s trial strategy; and (2) whether trial counsel’s acts or omissions, with consideration of trial strategy, “could have tended to affect” the outcome of the case.

Area(s) of Law:
  • Post-Conviction Relief

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