Andy Blevins

Oregon Supreme Court (3 summaries)

Unger v. Rosenblum

Under ORS 250.035(2)(a), a ballot title caption must reasonably identify the subject matter of a state measure in fifteen words or fewer.

Area(s) of Law:
  • Ballot Titles

State v. Sierra

Under the Pearce/Partain vindictiveness analysis, when two different judges assess the facts of a particular case, those two different individuals reasonably may reach different conclusions about the appropriate punishment.

Area(s) of Law:
  • Sentencing

State v. Blair, 361 Or 527 (2017)

Under Article I, section 9, of the Oregon Constitution, the circumstances demonstrating a defendant’s actual understanding and intent are relevant factors in the analysis of whether a defendant “voluntarily relinquished” his or her privacy interest in a place or thing searched by the government. See, e.g., State v. Stevens, 311 Or 119, 132-38, 806 P2d 92 (1991).

Area(s) of Law:
  • Criminal Procedure

Oregon Court of Appeals (6 summaries)

State v Garcia-Rocio

Under ORS 163.411, unlawful sexual penetration in the first degree is considered a Class A Felony and is subject to ORS 144.103 and 161.605, which limit the aggregate of prison sentence and post-prison supervision to a maximum of 20-years.

Area(s) of Law:
  • Sentencing

Folz v. ODOT

Under ORS 659A.203(1), it is unlawful for any public employer to threaten to take, or actually take, disciplinary action against an employee for her disclosure of evidence which she reasonably believes is indicative of her employer's violation of a federal, state, or local law. For purposes of the statute, "disclosure" is to include official reports within the agency or department. Bjurstrom v. Oregon Lottery, 202 Or App 162, 169, 120 P3d 1235 (2005).

Area(s) of Law:
  • Employment Law

Slater v. SAIF

Under ORS 656.245(1)(a)), Insurers “are responsible for medical services ‘for conditions'—that is, ordinary conditions—that are ‘caused in material part’ by compensable workplace injuries.” SAIF v. Sprague, 346 Or 661, 664, 217 P3d 644 (2009).

Area(s) of Law:
  • Workers Compensation

Adams v. Presnell

When an agent injured a principle, agent’s negligence cannot be imputed to a principal based upon principal’s negligence unless the principal’s negligence was actual. Sheehan v. Apling, 227 Or 594, 363 P2d 575 (1961).

Area(s) of Law:
  • Tort Law

State v. Stevens

When searches are conducted by or with the aid of probation officers, “mere ‘pressure’” to not violate probation alone is insufficient to establish coercion. State v. Davis, 133 Or App 467, 475-76, 891 P2d 1373, rev den, 321 Or 429 (1995).

Area(s) of Law:
  • Criminal Procedure

White v. Premo

Under ORS 138.550(2) and ORS 138.550(3), when a petitioner has appealed and files a petition for post-conviction relief, the petitioner must raise all grounds that could reasonably be asserted at that time. Kinkel v. Persson, 276 Or App 427, rev allowed, 359 Or 525 (2016).

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