Willamette Law Online

(14 summaries)

Laura Bloom

Oregon Supreme Court

TitleExcerptFilling Date
State v. McBrideCriminal Law: Under ORS 163.575(1)(b), the state must prove that the defendant engaged in affirmative conduct which authorized or made it possible for minors to be present during the course of illegal drug activity.(06-28-2012)

Oregon Court of Appeals

TitleExcerptFilling Date
Doughton v. MorrowCivil Procedure: Under ORS 12.110, the statute of limitations does not begin to run at the time of discovery of facts that serve only as a trigger a duty to inquire about whether an injury has occurred. For a claim to relate back to the date of the original complaint, the original complaint must put the reasonable defendant on notice of such an additional basis of liability.(02-27-2013)
State v. MoletteCriminal Procedure: To establish plain error, a defendant must establish that a point of law is obvious, not merely that a point of law is reasonably disputed.(02-06-2013)
Walker v. D.M.V.Administrative Law: Under ORS 813.440(1)(d) "illness" is a condition of the body or mind impeding an officer's attendance at a hearing and exhaustion can constitute "illness" where it caused the belief that he was not well enough to drive to the hearing.(01-16-2013)
State v. LandahlAppellate Procedure: Under ORS 138.050 (1)(a), if a conviction is not a "disposition" for the purposes of the statute, the Court of Appeals lacks jurisdiction to review the decision of the trial court.(12-12-2012)
Dept. of Human Services v. J.C.G.Juvenile Law: Despite compliance with a juvenile court't requirements to remove an abusive spouse from the home and submit a safety plan to keep the abused child out of contact with abusive parent, a juvenile court is reasonable in denying a father's motion to dismiss the wardship because the father never acknowledged that the abusive parent caused injury to the child and because the safety plan was not in writing and not yet implemented.(11-21-2012)
State v. GlazierCriminal Law: Injuries making it more difficult for a victim to engage in normal activities constitutes "physical injury" under ORS 161.015(7) and a hardwood floor is a "dangerous weapon" under ORS 161.015(1) because under the circumstances it was capable of causing severe physical injury. Merger is appropriate under ORS 161.067 for violations arising from the same conduct or criminal episode when there was no evidence to indicate that one assault had ended before another began.(10-24-2012)
Dial Temporary Help Service v. DLF Int'l SeedsContract Law: Where the parties disagree as to the limitations of damages in the contract and where both parties constructions are plausible, absent extrinsic evidence, the parties will construe the ambiguity against the drafter.(09-26-2012)
State v. MazzucchiCriminal Procedure: Absent any force or coercion by police, there exists no restriction of an individual's liberty or freedom of movement; therefore, there is no seizure for purposes of Article I, Section 9 of the Oregon Constitution.(08-29-2012)
State v. Hernandez-LopezCriminal Procedure: Regardless of whether or not the defendant consented to delay of trial, dismissal for lack of speedy trial is not appropriate where the delay was not unreasonable and the defendant was aware of his prior obligation to appear.(08-08-2012)
State v. ArreolaEvidence: Where curative instruction is insufficient to cure prejudicial effect on the jury, denial of mistrial is improper.(06-20-2012)
Brown v. City of EugeneMunicipal Law: Under section 44(3) of the Eugene City Charter, "water service" means the direct provision of water to end users, and is not so broad as to include the sale of water to other entities that will then distribute the water.(05-16-2012)
State v. TorresCriminal Procedure: Under ORS 161.067(3), the public at large is considered a "victim" of a violation of ORS 166.270 and thus multiple offenses against the public can be merged into one conviction.(05-02-2012)
Wallace v. StateAdministrative Law: While otherwise justiciable, a case before an Appellate Court is moot if the relief to be granted by a finding of error has already been obtained.(04-04-2012)