Oregon Supreme Court

Opinions Filed in July 2015

Couey v. Atkins

ORS 14.175 allows for moot cases to be deemed justiciable if the plaintiff meets all three necessary elements as defined within the statute. The statute was within the power of the legislature to pass because it did not go beyond the constitutional limitations placed on them in determining the justiciability of cases.

Area(s) of Law:
  • Constitutional Law

Rogue Valley Sewer Services v. City of Phoenix

A franchise fee imposed upon a local government entity by ordinance of a municipality is permissible under the "home-rule" if the ordinance does not violate the state constitution, if it does not violate the criminal laws of the state, and if it is authorized by the municipality's charter; so long as the ordinance does not impose a duty on or impair the power of the local government entity.

Area(s) of Law:
  • Municipal Law

State v. Beauvais

Medical evidence of child sexual abuse is admissible in a criminal case if an expert is available to testify as to the probative value and meaning of the evidence.

Area(s) of Law:
  • Evidence

State v. Jimenez

A routine weapons inquiry is unrelated to a traffic stop and violates Article I, section 9, of the Oregon Constitution where the officer has no reasonable, circumstance-specific suspicion of a safety concern.

Area(s) of Law:
  • Constitutional Law

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