Kyana Hughes

Oregon Court of Appeals (8 summaries)

State v. Marino

A second search cannot be based on consent obtained for the first search when a reasonable person would perceive that the first consent search had terminated.

Area(s) of Law:
  • Criminal Procedure

State v. Labar

Under ORS 137.106(1)(a) when a person is convicted of a crime and the victim suffered economic damages as a result of that crime, the court may order the defendant to “pay the victim restitution in a specific amount that equals the full amount of the victim’s economic damages”. Further, market value is the correct measure for determining retail value and restitution.

Area(s) of Law:
  • Criminal Law

Garrett Hemann Robertson, P.C. v. Winn

Arbitration exception orders are not appealable under any provision of law

Area(s) of Law:
  • Contract Law

Dept. of Human Services v. A.R.S.

Under ORS 419B.100(1)(c), a juvenile court has jurisdiction of a child whose condition or circumstances, under the totality of the circumstances, are such that there is a reasonable likelihood that the welfare of the child is endangered.

Area(s) of Law:
  • Juvenile Law

Chelius v. Employment Dept.

For unemployment insurance tax purposes, administrative rule OAR 471-031-0181 provides that, whether an individual maintains control over the ‘means and manner’ of performance determines whether that individual is either an employee or an independent contractor

Area(s) of Law:
  • Employment Law

Couey v. Brown

The Court may find that a dispute is moot when the facts upon which the dispute rests are more contingent and hypothetical than imminent and certain.

Area(s) of Law:
  • Civil Procedure

Erskine v. Psychiatric Security Review Board

Under ORS 161.341, an application for conditional release must be accompanied by a verified conditional release plan.

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

Kaptur and Kaptur

An issue may be considered on appeal as long as the appealing party raised the issue below with enough particularity to assure that the trial court can identify its alleged error and correct the error if it is warranted

Area(s) of Law:
  • Appellate Procedure