Willamette Law Online

(14 summaries)

Nathan Boughton

Oregon Court of Appeals

TitleExcerptFilling Date
State v. Burton Criminal Law: In cases litigated prior to State v. Mills, 354 Or 350 (2013), a defendant may challenge venue through a motion for judgment of acquittal.(03-05-2014)
State v. Hikes Sentencing: A trial court may take into account a defendant’s attitude at sentencing, as well as his extensive criminal history when determining eligibility for sentence modification programs. (02-12-2014)
In re McCarthy Professional Responsibility: A 90-day suspension from the practice of law is an appropriate sanction for an attorney who has been found to have knowingly violated RPC 1.1, RPC 1.4(a), RPC 1.4(b), RPC 1.15-1(c).(01-16-2014)
State v. Wolf Criminal Law: The “place of residence” exception to ORS 166.250 includes temporary residences and areas outside of residential structures. (12-26-2013)
Brown and Brown Family Law: When reviewing spousal support amounts in settlement agreements not incorporated into a stipulated judgment courts should consider whether the agreement is just and equitable not whether it violates public policy. (11-27-2013)
State v. Dorsey Sentencing: A Defendant may only be required to pay restitution for pecuniary damages for criminal activity when he or she has been convicted or has admitted to the crime.(11-14-2013)
State v. WallaceAttorney Fees: A defendant represented by court appointed counsel shall not be ordered to pay attorney fees unless it can be determined that the defendant may be able to pay them.(10-09-2013)
Cascade Physical Therapy v. Hartford Casualty Ins.Insurance Law: OAR 436-009-0040(1) sets a maximum for fees paid for medical services of injured workers, and is not intended to prevent parties from agreeing on a lower rate than would normally be paid under the fee schedule. (09-25-2013)
State v. RileyEvidence: In order for hearsay statements to be admitted under OEC 803(18a)(b), a notice of intent must adequately identify the substance of the evidence introduced and the witness or the method by which the statements will be introduced.(08-21-2013)
Spain v. JonesCivil Procedure: The Yowell doctrine precludes a grant of summary judgment on common law negligence claims, and premises-liability claims when a genuine issue of material fact exists.(08-07-2013)
State v. Sewell Evidence: Evidence may be admitted at trial if its probative value is not substantially outweighed by the potential of unfair prejudice towards the Defendant.(07-10-2013)
State of Oregon v. Jeffery Dean BeagleyCriminal Law: A parent has an absolute duty to provide medical care to a child, and that once a reasonable person should know that there is a substantial risk that a child will die without medical care, the parent must provide that care, or allow it to be provided.(06-19-2013)
State v. BeagleyCriminal Law: A parent has an absolute duty to provide medical care to their child, and once a reasonable person would know that there is a substantial risk that a child will die without medical care, the parent must provide medical care, or allow medical care to be administered. (06-19-2013)
Paton v. American Family Mutual Ins. CoInsurance Law: An insurance company's express consent to the arbitration process suffices to "formally institute" arbitration proceedings under ORS 742.504(12)(a)(B).(05-15-2013)