(15 summaries)
Connor Harrington
Oregon Court of Appeals
| Title | Excerpt | Filling Date |
|---|---|---|
| Doyle v. City of Medford | Municipal Law: ORS 243.303(2) does not create a private right of action for damages. | (05-15-2013) |
| State v. Hickman | Evidence: Lawson/James test determines reliability of eyewitness identification evidence in Oregon. | (03-20-2013) |
| Herring v. American Medical Response Northwest | Remedies: "Vulnerable person" under ORS 124.100 includes a temporary incapacitated person. ORS 124.100(2)(b) unambiguously requires the court to triple noneconomic damages resulting from physical abuse. | (02-21-2013) |
| Ross v. Franke | Post-Conviction Relief: ORS 138.580 requires a petitioner to attach documentary evidence to support allegations in his petition. | (01-30-2013) |
| 3P Delivery, Inc. v. Employment Dept. | Employment Law: ORS 657.047 does not exempt delivery drivers who lease their equipment to a for-hire carrier from the definition of employment. | (12-19-2012) |
| Christensen and Christensen | Family Law: Under the "just and proper" analysis, the spouse is required to demonstrate that acting "just and proper" would provide the spouse with a greater share of the marital assets. | (12-05-2012) |
| State v. Carroll | Criminal Law: Diversion is not a defense to DUII and the amended criteria for diversion eligibility does not increase DUII punishment. | (11-07-2012) |
| State v. White | Evidence: Expert testimony regarding delayed reporting of sexual abuse by a child is relevant to explain why there was a delay in reporting by complainant and to counter a possible argument that the delay indicates a fabrication. | (10-17-2012) |
| State v. Stephens | Criminal Procedure: When analyzing a motion to dismiss based on a speedy trial argument, a court must determine the length of the delay and whether the defendant consented to the delay. Then, the court must determine whether the delay was reasonable given the circumstances. | (09-26-2012) |
| State v. Walker | Criminal Law: A racketeering charge under ORS 166.720(3) requires the defendant to have participated in an enterprise, which is an on-going organization with continuity, and that organization is distinct from the criminal acts. | (08-29-2012) |
| State v. Pendergrapht | Attorney Fees: Under ORS 151.505 and 161.665, a court cannot impose attorney fees unless there is a factual basis for determining that a defendant is actually able to pay the fees. | (08-08-2012) |
| State v. Toland | Criminal Law: A trial court may not preclude a presented defense when the defendant offers evidence to support that defense. | (07-25-2012) |
| State v. Massey | Evidence: Use of the Miles jury instruction is improper when there is insufficient evidence at trial to show that a defendant's physical condition made him more susceptible to the influence of intoxicants than he normally would be. | (05-09-2012) |
| State v. Lamb | Criminal Procedure: During the course of a lawful stop, an officer may inquire as to whether the defendant has weapons on his person without it being an unlawful seizure. | (04-18-2012) |
| Parsley v. Oregon | Civil Law: The validity of a circuit court judgment may not be attacked in a subsequent contempt proceeding. Additionally, a plaintiff is not required to appear at a contempt hearing. | (03-28-2012) |