Brianna Wellman

Oregon Supreme Court (3 summaries)

Rice v. Rabb

Claims for conversion and replevin "accrue" under ORS 12.080(4) when plaintiff knows or reasonably should know the elements of such claims.

Area(s) of Law:
  • Tort Law

State v. Backstrand

A mere request for identification made by an officer in the course of an otherwise lawful encounter does not, in and of itself, result in a seizure.

Area(s) of Law:
  • Criminal Procedure

State v. Savastano

A prosecutor’s decision will comply with Article 1, section 20 of the Oregon Constitution as long as there is a rational explanation for the differential treatment that is reasonably related to his or her official task or to the person’s individual situation.

Area(s) of Law:
  • Constitutional Law

Oregon Court of Appeals (13 summaries)

Eclectic Investment, LLC. v. Patterson

The distinction between active and passive negligence is but one factor to consider when determining whether or not indemnification among co-defendants is proper.

Area(s) of Law:
  • Tort Law

State v. Adame

If a defendant understands that a refusal to perform verbal field sobriety tests cannot be used against him in a court of law, the defendant is not "compelled" to provide testimonial evidence for the purposes of the self-incrimination clause.

Area(s) of Law:
  • Criminal Procedure

Tilson and Tilson

Modification of spousal support award is warranted upon spouse's remarriage if the remarriage constitutes a substantial, unanticipated change in economic circumstances. Continuation of maintenance support award may be appropriate if the remarriage does not address or fully satisfy the purposes of the original spousal support award.

Area(s) of Law:
  • Family Law

Conrady v. Lincoln County

An ordinance in Lincoln County, LCC 1.1375(2)(m), which requires a landowner to obtain a conditional use permit prior to opening a "firearms training facility," is not preempted by ORS 166.170, ORS 166.171, or ORS 166.176.

Area(s) of Law:
  • Land Use

State v. D.P.

In determining whether or not a circumstance is compelling in the case of a juvenile and thus requiring Miranda warnings, the court will look at the totality of the circumstances.

Area(s) of Law:
  • Juvenile Law

Alcutt v. Adams Family Food Services, Inc.

The exclusive remedy provision of the Workers' Compensation Law is unconstitutional as applied to a worker left with no process through which to seek redress for an injury for which a cause of action exists at common law.

Area(s) of Law:
  • Workers Compensation

Dept. of Human Services v. D.A.N.

Parent who fails to meet obligations under an action agreement due to brevity of incarceration allows a court to conclude that parent has not made sufficient progress under ORS 419B.476(2) when reunification would not occur for a minimum of nine months.

Area(s) of Law:
  • Juvenile Law

State v. Klontz

Evidential error is not presumed to be prejudicial; a decision can be upheld if the court makes it clear that it did not rely on the disputed evidence in making its decision.

Area(s) of Law:
  • Evidence

Aponte v. State

If factual findings of a post-conviction court’s ruling remain unchallenged and Defendant is unable to prove, by a preponderance of the evidence, that defense counsel provided ineffective legal assistance, post-conviction relief will be denied.

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

State v. Kingsmith

Evidence incriminating a defendant and obtained during a traffic stop should be suppressed if the officer's reasonable suspicion of criminal activity was not based on actions or characteristics of the defendant.

Area(s) of Law:
  • Criminal Law

State v. Kingsmith

Incriminating evidence obtained against a particular defendant during a traffic stop should be suppressed if the officer's reasonable suspicion of criminal activity was not based on actions or characteristics of that defendant.

Area(s) of Law:
  • Criminal Procedure

Marton v. Ater Construction Co., LLC

A party who enters into a settlement with a claimant is not entitled to recover contribution or indemnity from a third-party whose liability is not extinguished by the settlement.

Area(s) of Law:
  • Civil Procedure

State v. McClure

Taking a person into custody for a parole violation constitutes an "arrest" for the purposes of the resisting arrest statute, ORS 162.315.

Area(s) of Law:
  • Criminal Procedure