Willamette Law Online

(6 summaries)

Lucy Fleck

9th Circuit Court of Appeals

TitleExcerptFilling Date
United States v. BakerCriminal Procedure: 42 U.S.C. § 14135a(a)(1) applies to “individuals in custody” and § 14135a(a)(2) applies to “individuals on release, parole, or probation” therefore, subsection (a)(1) does not authorize the collection of a probationer’s DNA.(09-20-2011)
Moore v. Maricopa County Sheriff’s OfficeCriminal Procedure: Under 28 U.S.C. § 1915(g), the dismissal of an inmate’s suit based on lack of subject matter jurisdiction does not qualify as a “strike” against acquiring forma pauperis status.(09-13-2011)
Payton v. CullenCriminal Law: A death sentence for rape, murder, and two attempted murders will not be overturned when a challenge to California’s lethal injection protocol fails, claims counsel rendered ineffective assistance fail, there was no Brady violation, and the cumulative effect of any errors does not render the trial unfair.(09-02-2011)

Oregon Court of Appeals

TitleExcerptFilling Date
State of Oregon v. Louis J. MasseiCriminal Procedure: When the county in which a sexual offense took place cannot be readily determined, venue may be proper in the county where the defendant resides under ORS 131.325; however, the court will not take judicial notice of the proximity of a defendant’s address to a specific county when referencing to internet mapping sources because those sources “cannot reasonably by questioned.” OEC 201(b)(2).(12-14-2011)
Department of Consumer and Business Services v. Zurich American and Northwest Staffing ServicesWorkers Compensation: Under ORS 656.054, the Workers’ Compensation Board does not have authority to order the insurer responsible for a claim to reimburse the assigned claims agent directly for costs incurred in processing the claimant’s claim.(12-07-2011)
Luty v. LutyFamily Law: When a spouse’s reduction in income is caused by an indefinite suspension of his/her medical license because of a substance abuse disorder, the circumstances justify the court’s reconsideration of spousal support obligations under ORS 107.135.(09-08-2011)