Willamette Law Online

(8 summaries)

Kyana Hughes

Oregon Court of Appeals

TitleExcerptFilling Date
State v. MarinoCriminal Procedure: A second search cannot be based on consent obtained for the first search when a reasonable person would perceive that the first consent search had terminated. (11-27-2013)
State v. LabarCriminal Law: Under ORS 137.106(1)(a) when a person is convicted of a crime and the victim suffered economic damages as a result of that crime, the court may order the defendant to “pay the victim restitution in a specific amount that equals the full amount of the victim’s economic damages”. Further, market value is the correct measure for determining retail value and restitution. (11-14-2013)
Garrett Hemann Robertson, P.C. v. WinnContract Law: Arbitration exception orders are not appealable under any provision of law(10-09-2013)
Dept. of Human Services v. A.R.S. Juvenile Law: Under ORS 419B.100(1)(c), a juvenile court has jurisdiction of a child whose condition or circumstances, under the totality of the circumstances, are such that there is a reasonable likelihood that the welfare of the child is endangered.(09-25-2013)
Chelius v. Employment Dept.Employment Law: For unemployment insurance tax purposes, administrative rule OAR 471-031-0181 provides that, whether an individual maintains control over the ‘means and manner’ of performance determines whether that individual is either an employee or an independent contractor(08-14-2013)
Couey v. BrownCivil Procedure: The Court may find that a dispute is moot when the facts upon which the dispute rests are more contingent and hypothetical than imminent and certain. (07-10-2013)
Erskine v. Psychiatric Security Review BoardPost-Conviction Relief: Under ORS 161.341, an application for conditional release must be accompanied by a verified conditional release plan.(06-12-2013)
Kaptur and KapturAppellate Procedure: An issue may be considered on appeal as long as the appealing party raised the issue below with enough particularity to assure that the trial court can identify its alleged error and correct the error if it is warranted(05-15-2013)