State v. Clemente-Perez
Under ORS 160.250(1)(b), a person is within a vehicle if the person, or any part of the person’s body, is inside the vehicle while he possesses a concealed, readily accessible handgun. Under ORS 160.250(2)(b), a person’s residence encompasses only the building in which he lives, and does not extend to structures in the house’s curtilage.
Area(s) of Law:- Criminal Law
AT&T Corp. v. Dept. of Revenue
Pursuant to ORS 314.665(4), Oregon's codification of the Uniform Division of Income for Tax Purposes Act (UDITPA), “income-producing activity” is determined by “individual exchange[s] between a buyer and a seller..., whether the transmissions are sold individually or are sold in bulk.” Once the income-producing activity is identified, the location of the income-producing activity needs to be ascertained to determine whether it is performed completely within Oregon or “the greater proportion of the income-producing activity is performed in [Oregon], based on costs of performance.”
Area(s) of Law:- Tax Law
City of Seattle v. Dept. of Rev.
An exclusive right of use, and control of, a definable part of a taxable power facility located in Oregon is sufficient to establish a possessory interest in the facility under Oregon tax law. Under Article IV, section 18 of the Oregon Constitution, a measure that possesses the essential features of levying a tax is subject to the requirements of the Origination Clause.
Area(s) of Law:- Tax Law
Greenwood Products v. Greenwood Forest Products
Under ORCP 64(B)(4), a trial court may authorize a new trial based on newly discovered evidence only if the proffered evidence is (1) newly discovered; (2) material for the moving party; and (3) unable to have been discovered and produced at trial given the exercise of reasonable diligence of the moving party. In this context, “reasonable diligence” includes the party’s capacity to request a continuance in civil proceedings while pertinent evidence is developed in a concurrent criminal case, and questioning a witness until that witness invokes a privilege to not testify.
Area(s) of Law:- Civil Procedure
State v. Ashkins
Under Article I, section 11, a defendant may ask for a jury concurrence instruction where an indictment charges a single violation of a crime but the evidence permits the jury to find multiple, separate occurrences of that crime; alternative to an instruction, the state may limit the jury’s consideration to a single occurrence. The rule may not apply where evidence is nonspecific and undifferentiated to one of multiple occurrences.
Area(s) of Law:- Constitutional Law