Willamette Law Online

Oregon Court of Appeals

( 33 summaries )

Opinions Filed in November 2011

Baggarley v. Union Pacific Railroad Company

Employment Law: When a claimant became aware of his or her work-related injury is a question of fact for the jury to decide in determining the statute of limitations period on a workplace injury claim.

(Filing Date: 11-23-2011)

Cruze v. Hudler

Tort Law: A predicate conviction is not a prerequisite to a civil ORICO claim based on racketeering activities. To have a cause of action under ORICO, plaintiff only need demonstrate defendants violation is based on racketeering activity.

(Filing Date: 11-23-2011)

Gordon v. Board of Parole

Parole and Post-Prison Supervision: Under ORS 144.125(3), a parole board may rely on any information contained in the psychological report to find the four elements required to defer release of an offender.

(Filing Date: 11-23-2011)

State v. Ayvazov

Criminal Procedure: Where suspicious activity occurs, and it is objectively reasonable that the passenger of a car was recently involved in a crime, the police met its burden to show probable cause when arresting the passenger.

(Filing Date: 11-23-2011)

State v. Smith

Indian Law: According to Warm Springs Tribal Reservation law (WSTC 310.120), nontribal officers may arrest tribe members on tribal land following a traffic infraction in the officer's presence and leading to a "hot pursuit" onto the reservation.

(Filing Date: 11-23-2011)

State v. Volynets-Vasylchenko

Evidence: Medical treatment recommendations that convey the medical expert's implicit conclusions that a child victim's reports of sexual abuse are credible are inadmissible unless corroborated by physical evidence.

(Filing Date: 11-23-2011)

Svidenko v. DMV

Administrative Law: When a petitioner files a just cause exception to a timely administrative appeal, the reviewing agency must answer the substantive arguments put forth by the petitioner.

(Filing Date: 11-23-2011)

Fisher v. Walker

Property Law: To determine an easement’s purpose, the court looks to the wording of the document within the context of the document. An instrument creating an easement that does not convey title to the property, but only subjects it to the uses of the easement, is not a conveyable interest in land.

(Filing Date: 11-16-2011)

State v. Earls

Sentencing: For the purpose of applying the presumptive 13-month sentence under ORS 137.717(b) a conviction in a court-martial does not apply. Where the Court of Appeal finds plain error in the trial court’s failure to merge guilty verdicts on particular counts, the Court will exercise its discretion to correct the error.

(Filing Date: 11-16-2011)

Beauchaton v. Employment Dept.

Employment Law: When an employee leaves for their own safety due to a reasonable belief they are being stalked, then they are not disqualified for voluntarily quitting their job without “good cause.”

(Filing Date: 11-09-2011)

Dinicola v. State

Employment Law: Employees may be exempt from overtime compensation under the Fair Labor Standards Act depending on the nature of their work, and the classification of their job.

(Filing Date: 11-09-2011)

Housing Authority of Jackson County v. Gates

Contract Law: Where a written lease specifically refers to another writing as being part of the entire agreement, that other writing is part of the lease agreement.

(Filing Date: 11-09-2011)

Leif and Leif

Family Law: Including income from an inheritance in the calculation of gross income is appropriate when the inheritance is available. Also, averaging a parent's income over several years is appropriate when the income varies from year to year.

(Filing Date: 11-09-2011)

Oregon Corrections Employees v. State of Oregon

Employment Law: Where a collective bargaining agreement authorizes an employer to take certain actions, such actions if unilaterally employed by the employer, do not constitute unfair labor practices.

(Filing Date: 11-09-2011)

Rodenbeck and Rodenbeck

Family Law: In a marriage dissolution, it is not just and proper to reduce the value of a spouse’s share of a marital asset to reflect the taxes the other spouse may owe on the income he or she uses to pay the spouse. Also, a court should not rely on an expert’s value that is based on a guess from a non-expert.

(Filing Date: 11-09-2011)

Siegert v. Crook County

Land Use: The standard of review for a zoning ordinance is limited to whether the county’s determination is plausible. If the local government plausibly interprets its own regulations that interpretation must be affirmed, unless it is inconsistent with all of the express language or inconsistent with the policies underlying the regulation.

(Filing Date: 11-09-2011)

State v. Hennagir

Criminal Law: Under ORS 161.405(1), a reasonable jury can infer the intent to complete a crime when substantial steps have been taken toward completion, even when there is no evidence of the actual objective.

(Filing Date: 11-09-2011)

State v. Jones

Criminal Law: OEC 404(4) bars a trial court from excluding evidence under OEC 403,“unless constitutionally required.”

(Filing Date: 11-09-2011)

State v. M.W.H.

Juvenile Law: Warrantless searches may be justified if there is reasonable suspicion and exigent circumstances.

(Filing Date: 11-09-2011)

State v. Rayburn

Criminal Procedure: Police may use the totality of the circumstances to establish probable cause to arrest a passenger in a stolen car. This assessment establishes the requisite mental state of the passenger to determine whether or not they knew they were in a stolen vehicle and could be arrested.

(Filing Date: 11-09-2011)

State v. Ulizzi

Criminal Procedure: Even when information that led to the issuance of a warrant is "stale," a court will give deference to the issuing court and uphold a warrant that may yield potential evidence.

(Filing Date: 11-09-2011)

State v. Young

Criminal Law: An appellate or post-conviction court may add court appointed attorney fees to a defendant's appeal following a claim for post-conviction relief.

(Filing Date: 11-09-2011)

Weyerhaeuser Real Estate Develop. v. Polk County

Land Use: Land use decisions made by proper county officials and in accord with statutory and case law of the time shall be upheld despite conflicting previous acts related to the land in question.

(Filing Date: 11-09-2011)

Dept. of Human Services v. N.S.

Family Law: A court will not reverse a juvenile court's order of reunification to guardianship, despite a parent's participation in DHS services, when the parent places the child in harm's way.

(Filing Date: 11-02-2011)

SAIF v. Hanscram

Workers Compensation: The "date of injury" occurs on the date when a claimant becomes disabled or seeks treatment for a compensable condition. A condition becomes compensable when the claimant's work is the major contributing cause of the injury.

(Filing Date: 11-02-2011)

State v. Chase

Sentencing: A sentence does not violate the proportionality principle of the Oregon Constitution if the defendant would not have received the base sentence for the more serious crime based on his criminal history.

(Filing Date: 11-02-2011)

State v. Condon

Criminal Procedure: The 90-day timeline established by Oregon's criminal restitution statute may be extended for good cause.

(Filing Date: 11-02-2011)

State v. Landreth

Criminal Procedure: Good cause to extend the deadline for the imposition of a supplemental judgment exists when the motion is filed within the time period, and further investigation to establish the specific amount of restitution is required.

(Filing Date: 11-02-2011)

State v. Martinez

Criminal Procedure: Delay in a motion requesting an amended judgment for restitution meets the “good cause” requirement if it is not due to neglect, inadvertence, or inattentiveness. Awaiting information from a victim's compensation program does constitute "good cause".

(Filing Date: 11-02-2011)

State v. Newman

Evidence: Driving under the influence of intoxicants is a strict liability offense, and evidence of mental state will be excluded.

(Filing Date: 11-02-2011)

State v. Unis

Criminal Procedure: The 90-day timeline established by Oregon's criminal restitution statute may be extended for good cause.

(Filing Date: 11-02-2011)

State v. White

Appellate Procedure: Appeals from supplemental judgments, like other judgments, must be timely for the Court of Appeals to maintain jurisdiction.

(Filing Date: 11-02-2011)

Tieu v. Morgan

Property Law: Summary judgment of adverse possession will be granted where a claimant can prove, with clear and convincing evidence, that he, through “honest belief” of actual ownership, continuously maintained actual, open, notorious, exclusive and hostile possession of the property for greater than ten years.

(Filing Date: 11-02-2011)