Scott Miller

Oregon Court of Appeals (23 summaries)

Aleali v. City of Sherwood

A deficiency in pre-hearing notice invoking delayed appeal rights, under ORS 197.830(3), is determined solely by state law procedures, and not by local law.

Area(s) of Law:
  • Land Use

State v. Licari

A denial for a continuance is measured on an abuse of discretion standard, while looking at the particular circumstances of the case and the reasons presented to the court at the time of denial.

Area(s) of Law:
  • Criminal Procedure

Head v. Head

The court may not grant relief in the form of modifying a trust instrument's terms, if modification was not reasonably contemplated by the parties and substantially departs from the pleadings and legal theories.

Area(s) of Law:
  • Trusts and Estates

Gambee v. Oregon Medical Board

Under ORS 677.190(1)(b)(A), a doctor that puts his/her patients at a risk of harm greater than the standard treatment does not qualify as “alternative medical treatment.”

Area(s) of Law:
  • Administrative Law

Stevens v. City of Island City

Under ORS 197.835(9)(a)(C), LUBA can only reverse or remand the decision of the local government if the decision is not supported by substantial evidence in the record.

Area(s) of Law:
  • Land Use

State v. Ramirez-Estrada

If it is plausible that the defense counsel did not object to inadmissible testimony as a strategic decision, the trial court's failure to take corrective action is not plain error.

Area(s) of Law:
  • Evidence

State v. Anderson

Under Article I, Section 9 of the Oregon Constitution, to have probable cause in a traffic stop, the officer must (1) subjectively believe a violation has occurred, and (2) that belief must be objectively reasonable under the circumstances.

Area(s) of Law:
  • Criminal Procedure

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

Under ORS 419B.476, there is no requirement that the juvenile court consider whether a child can be safely returned to the parent within a reasonable time, before changing a permanency plan from reunification to adoption.

Area(s) of Law:
  • Juvenile Law

Hale v. Belleque

Relief cannot be granted for a claim that is not alleged in the petition and not litigated by the post-conviction court. Petitioner does not need to show evidence of prejudice if the trial court fails to give a proper concurrence instruction.

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

Aguilar v. Employment Dept.

To receive unemployment benefits, the "good cause" standard is determined as whether a reasonable person would have considered the circumstances to be sufficiently grave that he or she had no alternative but to resign.

Area(s) of Law:
  • Employment Law

Dept. of Human Services v. D.W.C.

To change a permanency plan from reunification to guardianship, the parent must fail to make sufficient progress in his or her relationship with the child to remove the jurisdictional basis.

Area(s) of Law:
  • Juvenile Law

State v. Alvarado

Under ORS 166.450, the phrase "presumptive evidence" is not that same as a rebuttable presumption, and does not shift the burden of proof to the Defendant. Additionally, reasonable suspicion is determined at the time the traffic stop is improperly extended, and does not include factors that arise after the unlawful extension.

Area(s) of Law:
  • Criminal Law

ODOT v. Singh

Under the requirements in ORS 35.346, just compensation for damages resulting from a condemnation action need to be calculated based on specified terms promised in the agreement.

Area(s) of Law:
  • Property Law

State v. Ross

For a passenger to be seized during a traffic stop, the officer must use physical force or a show of authority directed at the defendant, specifically.

Area(s) of Law:
  • Criminal Procedure

State v. Erb

Under Article I, Section 11, of the Oregon Constitution, a waiver of the right to counsel must be voluntarily and intelligently made.

Area(s) of Law:
  • Criminal Procedure

State v. Reed

Under ORS 161.067, the antimerger statute applies if the criminal violations were (1) completed before the next violation began, and (2) there was a significant pause between each attempt, affording the defendant the opportunity to renounce his criminal intent.

Area(s) of Law:
  • Criminal Law

Dept. of Human Services v. M.E.

Under ORS 419B.100(1)(c), the juvenile court has jurisdiction when conditions and circumstances are such that the welfare of the children is endangered. The trial court's decision is reviewed de novo, and is measured by the totality of the circumstances.

Area(s) of Law:
  • Juvenile Law

Campbell v. State

An inmate is not eligible to receive "good time" credit for his first sentence, under ORS 421.120, when he is serving consecutive sentences. Also, a date set for when an inmate is eligible for parole is not a reduction of his sentence.

Area(s) of Law:
  • Parole and Post-Prison Supervision

State v. Davis

Under ORS 813.150, a defendant has a statutory right to request an independent blood test and be given a reasonable opportunity to obtain that test. Once the request is made, the police officer cannot prevent or hinder the ability of the defendant to obtain the test, however there is no affirmative obligation to help the defendant do so.

Area(s) of Law:
  • Criminal Procedure

State v. Cespedes-Rodriquez

Under ORS 161.200, after a defendant raises a 'choice of evils' defense, the state must disprove that defense beyond a reasonable doubt. The defense can be disproved if the defendant had the intent to act illegally before the imminent threat of safety existed.

Area(s) of Law:
  • Criminal Law

A & E Security and Electronic Solutions, Inc. v. Fortalesa, Inc.

Under ORS 20.083, attorney fees may be awarded under provisions in a rescinded contract. ORS 20.083 was enacted to restore full reciprocity for awarding attorney fees and it is not limited by the examples in the explanatory clause.

Area(s) of Law:
  • Attorney Fees

State v. Musser

Under ORS 164.245, criminal trespass in the second degree is measured under an objectively reasonable person standard, and under ORS 131.605(6) an officer must have a reasonable suspicion of criminal activity to make a stop. Evidence discovered during an illegal stop is inadmissible.

Area(s) of Law:
  • Criminal Law

Horton v. Nelson

Under ORS 20.105, a defendant has been wrongly awarded attorney fees as the prevailing party when the trial court erred in dismissing the plaintiff's complaint.

Area(s) of Law:
  • Attorney Fees