Willamette Law Online

Oregon Court of Appeals

( 23 summaries )

Opinions Filed in March 2013

Dept. of Human Services v. J. F. D.

Juvenile Law: Under ORS 419B.340(1), DHS's reasonable efforts at the dispositional stage must be assessed as to each parent.

(Filing Date: 03-27-2013)

Fostveit v. Poplin

Contract Law: A trial court does not err when it properly weighs the evidence on the record, and find that a party substantially performed on the contract.

(Filing Date: 03-27-2013)

Miller v. City of Portland

Administrative Law: Under the doctrine of exhaustion, for an aggrieved party to exhaust its administrative remedies, an administrative remedy must be available and it must adequately serve the aggrieved party's interests.

(Filing Date: 03-27-2013)

SAIF Corp. v. Satterfield

Workers Compensation: A report issued a year after injury indicating increased functioning is new information under OAR 436-120-0350.

(Filing Date: 03-27-2013)

State v. Engerseth

Sentencing: Pursuant to ORS 136.773(1), a trial court's failure to receive a written waiver for a jury trial does not create a prejudicial error if defendant previously stipulated to the sentencing enhancement.

(Filing Date: 03-27-2013)

State v. Jones

Evidence: Harmless error results when evidence of prior bad acts is admitted but specifically not used in forming the basis of the verdict.

(Filing Date: 03-27-2013)

State v. Pinckney

Criminal Law: "Use" under ORS 166.220(1)(a) includes both physical force and the threat of physical force, and a trial court does not err when it rejects a proposed jury instruction that states that "use" includes only actual force.

(Filing Date: 03-27-2013)

State v. Valle

Evidence: 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.

(Filing Date: 03-27-2013)

Dept. of Human Services v. F.L.B

Juvenile Law: Termination of mother's parental rights is appropriate under ORS 419B.504 when the state proves by clear and convincing evidence that the mother is unfit to provide her children with a safe home and not likely to be able to provide her children with a safe home within a reasonable time because of her own mental illness and incarceration.

(Filing Date: 03-20-2013)

Dexter Lost Valley Community Assn. v. Lane County

Land Use: ORS 197.830(13)(b) prohibits a state or local government from withdrawing a decision after the date set for filing the record.

(Filing Date: 03-20-2013)

Hale v. Belleque

Criminal Procedure: When an element of a crime depends on the specific crime that a defendant intends to commit, at least 10 of the same jurors must concur on the underlying crime that the defendant intended to commit before the defendant can be convicted.

(Filing Date: 03-20-2013)

State v. Hickman

Evidence: Lawson/James test determines reliability of eyewitness identification evidence in Oregon.

(Filing Date: 03-20-2013)

Friends of Yamhill County v. Yamhill County

Land Use: A farm-use-related commercial activity is a conditional use, determined by the county on a case-by-case basis, instead of a permitted use under ORS 215.283(1)(n).

(Filing Date: 03-19-2013)

Dial Temporary Help Service v. DLF Int'l Seeds

Contract Law: In a breach of contract claim, ambiguity alone does not make summary judgment inappropriate, rather, a triable factual issue stemming from the existence of competing extrinsic evidence does.

(Filing Date: 03-13-2013)

Saldana-Ramirez v. State of Oregon

Criminal Procedure: Defendant's Padilla-based post-conviction claim could not stand because Padilla was decided after he was convicted, and it does not apply retroactively.

(Filing Date: 03-13-2013)

State v. Alexander

Sentencing: An offer by the State to Defendant that it "might" impose an upward durational departure beyond the statutory maximum sentence, without mention of the specific enhancement fact, did not satisfy the notice requirements in ORS 136.765(2).

(Filing Date: 03-13-2013)

State v. Ferry

Appellate Procedure: The Court may not reach an argument on appeal that was not preserved at trial.

(Filing Date: 03-13-2013)

State v. Gerlach

Criminal Law: The antimerger statute does not apply to multiple counts of kidnapping where the defendant continues to substantially interfere with the victim's liberty. The kidnapping continues as long as the seizure of the victim continues.

(Filing Date: 03-13-2013)

Dept. of Human Services v. A. D.

Juvenile Law: A juvenile court's order of adoption rather than reunification will be upheld where it is established on the record that DHS made a reasonable effort at reunification and that the parents will not be able to make the progress necessary in order for the child to be returned to the home in a reasonable amount of time.

(Filing Date: 03-06-2013)

State v. Painter

Evidence: Admission of evidence that is qualitatively different than the evidence the jury was required to hear on a direct issue of the case causes harmful error.

(Filing Date: 03-06-2013)

State v. Plew

Criminal Procedure: Where a defendant requests counsel when being interrogated about a crime, and is interrogated by the police about a separate crime that is factually, temporally, and territorially similar, counsel must be present for both interrogations.

(Filing Date: 03-06-2013)

State v. White

Appellate Procedure: 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.

(Filing Date: 03-06-2013)

ZRZ Realty Company v. Beneficial Fire and Casualty Insurance

Insurance Law: Pursuant to ORS 742.061 (Recovery of attorney fees in action on policy or contractors bond): Once an insured obtains recovery that exceeds the insurer's tender, the insured is entitled to recover all of its attorney fees incurred in litigating the policy, including coverage issues; the proper standard against which attorney fees are measured is "reasonableness;" the lodestar method of calculating attorney fees is a common practice and is reasonable; and, lastly, unlike the duty to defend, which is a shared obligation that arises independent of completed litigation, liability for attorney fees under ORS 742.061 is a statutory obligation that arises only after the insured prevails at trial.

(Filing Date: 03-06-2013)