Willamette Law Online

(32 summaries)

Connor Harrington

Oregon Supreme Court

TitleExcerptFilling Date
State v. LinkCriminal Procedure: When some of a defendant's convictions are remanded, the trial court must grant defendant a sentencing proceeding. (12-26-2013)
State v. MillsCriminal Procedure: Article I Section 11 of the Oregon Constitution does not require the State to prove venue as a material element of a crime. (10-17-2013)
Homestyle Direct, LLC v. DHSAdministrative Law: The validity of an administrative rule is irrelevant if the agency seeks to enforce the obligation as a contract term. (10-03-2013)
State v. ChristianConstitutional Law: Ordinance prohibiting possession of a loaded firearm in public is not an unconstitutional denial of the right to bear arms in self-defense. Additionally, the Court will not consider overbreadth challenges in Article I, Section 27 cases. (08-15-2013)
State v. CopelandEvidence: Family Abuse Prevention Act certificate of service of a restraining order is an official record and is not testimonial evidence. (07-25-2013)
State v. FairCriminal Procedure: Temporary detention of an individual is constitutional if: (1) there is a reasonable belief that an offense involving danger of forcible injury to a person recently has been committed nearby; (2) there is a reasonable belief that the person has knowledge that may aid the investigation of the suspected crime; and (3) the detention is reasonably necessary to obtain or verify the identity of the person, or to obtain an account of the crime. (05-31-2013)

Oregon Court of Appeals

TitleExcerptFilling Date
State v. ShumateCriminal Procedure: Remand denied where defendant failed to identify flaws in original sentencing proceeding. For a court order to be appealable, it must resolve all charges brought in the case.(04-02-2014)
State v. KingCriminal Law: Under ORS 161.067(3), a single criminal episode of assault may be multiple violations when an assault is commenced, stops, and begins again. The pause must constitute a sufficient opportunity to renounce criminal intent.(03-26-2014)
State v. BarnesEvidence: Erroneously admitted testimony admissible if there is "little likelihood" it affected the verdict. (03-19-2014)
Nkrumah v. City of PortlandEmployment Law: To establish a wrongful discharge case on the basis of a "public duty" when the employee quits his or her employment, he or she must establish that the public entity created objectively intolerable working conditions, resulting in the employee's forced resignation, because of the employee's fulfillment of the asserted public duty.(02-26-2014)
State v. DavisCriminal Law: Second-degree burglary convictions affirmed and reversed based on whether buildings were "not open to the public" as defined in ORS 164.205(3)(a).(02-12-2014)
Assn. of Acupuncture v. Bd. of Chiropractic Examiners Administrative Law: The State Board of Chiropractic Examiners is limited to making rules that fall within the definition of the practice of "chiropractic" as defined by ORS 684.010(2). Rules made outside the scope of that authority will be found invalid. (01-23-2014)
Greenfield v. Multnomah CountyLand Use: Under the farm stand statute, ORS 215.283, outdoor farm-to-plate dinners may be within the scope of the statute and food carts are considered "structures."(12-04-2013)
State v. PittsCriminal Law: A burglary conviction can be based on disobeying a peace officer's order only if the original order, the unlawful entry, and the intent to refuse to obey that order all take place as part of a single continuous criminal episode. (11-14-2013)
State v. Hurtado-NavarreteCriminal Law: Police are not required to re-advise a defendant of his Miranda rights when he has been provided Miranda rights on multiple occasions including two the day before the statements were made.(09-11-2013)
Lotches v. PremoPost-Conviction Relief: The Oregon Constitution does not grant a right to a perfect defense in criminal cases. It requires only that counsel act to diligently and conscientiously advance the defense.(07-10-2013)
Cayton v. Safelite Glass Corp. Workers Compensation: Success in obtaining penalty-based attorney fees under ORS 656.262(11) for delay in payment of compensation does not mandate an award of compensation-based attorney fees under ORS 656.382(1). (06-19-2013)
Doyle v. City of MedfordMunicipal Law: ORS 243.303(2) does not create a private right of action for damages.(05-15-2013)
State v. HickmanEvidence: Lawson/James test determines reliability of eyewitness identification evidence in Oregon.(03-20-2013)
Herring v. American Medical Response NorthwestRemedies: "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. FrankePost-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 ChristensenFamily 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. CarrollCriminal 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. WhiteEvidence: 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. StephensCriminal 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. WalkerCriminal 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. PendergraphtAttorney 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. TolandCriminal Law: A trial court may not preclude a presented defense when the defendant offers evidence to support that defense.(07-25-2012)
State v. MasseyEvidence: 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. LambCriminal 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. OregonCivil 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)