Willamette Law Online

Oregon Supreme Court

( 9 summaries )

Opinions Filed in November 2012

State v. Bray

Appellate Procedure: Placing evidence on the record as a sealed exhibit for appellate review does not qualify as discovery.

(Filing Date: 11-30-2012)

Hope Presbyterian Church of Rogue River v. Presbyterian Church USA

Property Law: Under the neutral principles approach to church property, an church affiliate holds its property in an irrevocable trust for the national organization when the national organization's constitution and the affiliate's own documents declare their intent that the property is held in trust.

(Filing Date: 11-29-2012)

PSU Association of University Professors v. PSU

Employment Law: Pursuant to ORS 659A.030(1)(f), a public university may not discontinue employee grievance procedures when a public employee's contract mandates such procedures, even when the employee seeks statutory discrimination relief.

(Filing Date: 11-29-2012)

State v. Lawson

Evidence: The Classen Test of eyewitness testimony has been revised. The state must show that the eyewitness has personal knowledge of all the facts to which he will testify, and prove that the identification was rationally based on the witness' first hand perceptions and will be helpful to the trier of fact.

(Filing Date: 11-29-2012)

State v. Sanchez-Alfonso

Evidence: Whether evidence is sufficiently reliable to admit under OEC 702 requires an expert to explain what his or her expertise is, how the information is gathered, how the information is used in reaching his or her conclusion, and what scientific basis supports each step of that process.

(Filing Date: 11-29-2012)

Gunderson, LLC, v. City of Portland, et al.,

Land Use: Requiring industrial landowners in the "North Reach" area of the Willamette River to submit development plans for approval by a River Review process to ensure the goals of the 1973 Willamette River Greenway plan is within the power of the City of Portland.

(Filing Date: 11-08-2012)

State v. Leistiko

Appellate Procedure: On a petition for reconsideration, the Supreme Court may decline to address an issue if the issue was not raised in a lower court.

(Filing Date: 11-08-2012)

State v. Lewis

Criminal Law: Criminal negligence does not require that a defendant’s conduct be seriously blameworthy, rather, it requires that a defendant fail to be aware of a substantial and unjustifiable risk which constitutes a gross deviation from a reasonable standard of care under the circumstances.

(Filing Date: 11-08-2012)

State v. Sarich

Evidence: Under OEC 601, an inquiry regarding whether an individual is competent enough to testify involves gathering whether that person has the ability to perceive, recollect, and communicate in a worthwhile manner.

(Filing Date: 11-01-2012)