Cara Sheehan

Oregon Supreme Court (1 summary)

Towers v. Rosenblum

When creating a ballot title that has the effect, if adopted by the voters, of creating "free riders" the ballot title caption must identify the actual major effect.

Area(s) of Law:
  • Labor Law

Oregon Court of Appeals (19 summaries)

Gomez and Gomez

In awarding child custody, a court must first determine what party is entitled the statutory preference in favor of the primary caregiver under ORS 107.137(1).

Area(s) of Law:
  • Family Law

Haggerty and Haggerty

The trial court erred when it failed to determine whether the parties had entered into a valid settlement agreement.

Area(s) of Law:
  • Family Law

State v. Neal

When a defendant is not brought to trial in accordance with ORS 135.763 to ORS 135.765 (Oregon's speedy trial provisions) and none of the exceptions under ORS 135.765(2) apply, a court is obligated to dismiss the case upon motion by defendant.

Area(s) of Law:
  • Criminal Procedure

Cortese and Cortese

A court may award transitional spousal support based on an earning capacity that is greater than actual income when there is sufficient evidence in the record supporting the increase.

Area(s) of Law:
  • Family Law

State v. Granberry

The State must initiate proceedings for a probation-violation before the probationary term has expired.

Area(s) of Law:
  • Criminal Procedure

Logan v. State of Oregon

In order to qualify for post-conviction relief based on trial counsel's failure to object to testimony, a defendant must be prejudiced by the attorney's failure to do so.

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

DeArmitt v. Dept. of Corrections

The limited scope of review under ORS 183.400 does not allow the Court to review such rule challenges to determine whether the rules find adequate evidentiary support in the rulemaking record therefore both of the Oregon Department of Corrections rules, OAR 291-131-0035(1)(a)(D) and OAR 291-131-0025(11)(b)(D), are held valid.

Area(s) of Law:
  • First Amendment

Dept. of Human Services v. J. G.

Statements that the court relied on to establish jurisdiction were admissible under OEC 803(4) as statements for the purpose of medical diagnosis or treatment.

Area(s) of Law:
  • Evidence

ZRZ Realty v. Beneficial Fire and Casualty Ins.

Under ORS 20.220(3)(a) if supplemental judgment is predicated on the underlying attorney fee award in the general judgment, the effect of reversing the general judgment is the reversal of the supplemental judgment as well.

Area(s) of Law:
  • Attorney Fees

Campbell v. Employment Department

An order by the EAB will be upheld if it is supported by substantial evidence and reason.

Area(s) of Law:
  • Employment Law

Dept. of Human Services v. J. R. L

A juvenile court cannot rely on facts extrinsic to the jurisdictional judgment in determining the basis for continuing jurisdiction.

Area(s) of Law:
  • Juvenile Law

State v. Valle

Evidence is admissible as relevant impeachment evidence when it supports an inference that a witness had a personal interest or bias to testify in a particular manner.

Area(s) of Law:
  • Evidence

State v. White

A defendant's appeal of supplemental judgment is timely when the 30-day appeal period under ORS 138.071(4) does not start running until actual notice of the supplemental judgment being entered has been received by the defendant or his counsel.

Area(s) of Law:
  • Appellate Procedure

State v. Stephens

Evidence of uncharged incidents of sexual conduct between the victim and the defendant are admissible under OEC 404(4).

Area(s) of Law:
  • Evidence

State v. Murr

Under ORS 135.747, “period of time” to bring a defendant to trial begins when the information is filed with the court and not with the service of citations.

Area(s) of Law:
  • Criminal Procedure

State v. Baranovich

An incarcerated defendant consents to a delay of trial for other charges when she knowingly fails to make a demand for a speedy trial.

Area(s) of Law:
  • Criminal Procedure

State v. Wright

For first-degree criminal mistreatment, "physical injury" is an impairment of a physical condition or a substantial amount of pain. Impairment of a physical condition is harm to the body or an inability to use the body or a bodily organ for a certain period of time.

Area(s) of Law:
  • Criminal Law

State v. J.S.

For involuntary commitment cases based on a mental disorder, the state must prove by clear and convincing evidence that the defendant''s mental disorder would cause him to inflict danger to himself or to others in the near future.

Area(s) of Law:
  • Civil Commitment

Cornus Corp. v. GEAC Enterprise Solutions, Inc.

The claim preclusive effect of a federal court's judgment is governed by Oregon's claim preclusion law, which states that a claim brought in federal court is not barred in state court unless it was adjudicated on the merits.

Area(s) of Law:
  • Civil Procedure