Oregon Supreme Court

Opinions Filed in February 2013

State v. Harrell/Wilson

When determining jury waiver provisions in Article I, section 11, of the Oregon Constitution, the jury waiver provision is a substantive right and granting the waiver request is precedent upon analyzing judicial economy, defendant's rights, and speed against a waiver request. The prosecution's position may play a role in the decision as long as it relates to one of the three aforementioned factors; it may not be the sole factor.

Area(s) of Law:
  • Constitutional Law

Strawn v. Farmer's Insurance Company of Oregon

When determining the amount of a reasonable attorney fee award in a case that involves both a statutory fee-shifting award and a common-fund award, a court may consider utilizing both the lodestar and overall percentage method.

Area(s) of Law:
  • Attorney Fees

In re Barnack

Following the misconduct of a judge, the Commission of Judicial Fitness and Disability and the accused may submit stipulated facts and an appropriate sanction to the Supreme Court under ORS 1.420 to ORS 1.430, and the Court can approve such stipulation pursuant to ORS 1.430(2).

Area(s) of Law:
  • Professional Responsibility

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