Willamette Law Online

(9 summaries)

Chasen Cunitz

Oregon Supreme Court

TitleExcerptFilling Date
In re MarandasCivil Law: An attorney may refuse to disclose the details of a settlement agreement due to confidentiality concerns if there is a basis in law and fact for such a claim and the actions taken do not prejudice the administration of justice.(01-12-2012)
Balboa Apartments v. PatrickCivil Procedure: Provided that requirements under ORCP 23 A and ORS 105.135 are both met, plaintiff's failure to serve a summons and amended complaint within one day of paying filing fees is not grounds for dismissal.(10-06-2011)
State v. Lopez-MinjarezCriminal Law: A trial court errs when it instructs a jury that a defendant may be found criminally responsible for all the natural and probable consequences that arise from aiding and abetting a crime if the defendant has conceded guilt of specific charges which support ignorance of other charges.(08-25-2011)

Oregon Court of Appeals

TitleExcerptFilling Date
State v. BarajasCriminal Procedure: Judges that preside over a criminal trial may not waive a defendant's right to deliver a closing argument during a bench trial without first allowing an opportunity for objection.(12-14-2011)
State v. SmithIndian Law: According to Warm Springs Tribal Reservation law (WSTC 310.120), nontribal officers may arrest tribe members on tribal land following a traffic infraction in the officer's presence and leading to a "hot pursuit" onto the reservation.(11-23-2011)
Weyerhaeuser Real Estate Develop. v. Polk CountyLand Use: Land use decisions made by proper county officials and in accord with statutory and case law of the time shall be upheld despite conflicting previous acts related to the land in question.(11-09-2011)
Fadel v. El-TogbyElder Law: When a party transfers property from an estate to an estranged spouse in the midst of a divorce proceeding to avoid paying creditors, whether or not the divorce is a sham is inconsequential; and such property transfers are fraudulent if the transferor had any intent to defraud any creditor by avoiding an obligation to pay.(09-28-2011)
Green v. Douglas CountyLand Use: Oregon law defines buildings as not being strictly confined to walled structures, but rather as being “normally associated with uses permitted in the zone in which the property is located.”(09-08-2011)
State v. BensonCriminal Procedure: It is plain error when the court, in the presence of the jury, asks whether a defendant understands his right to silence, because OEC 513(2) requires that proceedings, where practical, be kept outside the knowledge of the jury.(10-26-2010)