Willamette Law Online

(12 summaries)

Gabriel Lee

Oregon Court of Appeals

TitleExcerptFilling Date
Munson v. Valley Energy Investment FundCivil Procedure: Under ORCP 21(A)(1), a trial court errs when it rules based on necessarily decided disputed issues of material fact. (08-13-2014)
State v. RinglerCriminal Procedure: A trial court does not abuse its discretion by denying repeated motions for continuance when the record reflects that the moving party has not established good cause for a continuance.(08-06-2014)
State v. MichelConstitutional Law: Under the Fourth Amendment of the U.S. Constitution, and Article I, Section 9 of the Oregon Constitution, a renter does not have a reasonable expectation of privacy within the common area of a public storage facility. (07-16-2014)
State v. CrossSentencing: Under ORS 137.751, a trial court is no longer required to find “substantial and compelling reasons” to deny a defendant eligibility for alternative incarceration programs and early release.(07-09-2014)
State v. RitchieCriminal Procedure: Under ORS 138.071, if a defendant fails to appeal a judgment within 30 days, he cannot appeal a supplemental judgment entered afterwards because the same issues could have been raised after the first judgment was entered. (06-18-2014)
State v. BurciagaCriminal Law: Under O.R.S. 163.205(1)(a), a parent commits a crime of criminal mistreatment in the first degree if that parent withholds essential attention that is necessary to provide for a child’s basic bodily needs and survival.(06-11-2014)
State v. KellyAppellate Procedure: Pursuant to ORAP 5.45, Appellate courts have broad discretion to determine the prejudice of a plain error committed in the circuit court. Furthermore, sentencing guidelines may be discretionary with regards to unranked offenses. Finally, unspecified pleadings which are subsequently substantiated by discovery are not in error.(06-04-2014)
State v. StraughanCriminal Law: Under former ORS 135.747 (2011), an unjustified delay of trial for nearly seven months out of 21 months of delay in general is unreasonable, and must be dismissed without showing of "sufficient reason" to continue the case.(05-29-2014)
State v. MannixAppellate Procedure: Pursuant to ORS 136.220, a juror who is committed to becoming related to a primary witness does not have implied bias. Pursuant to ORAP 5.45, a party may not raise claims of error that are not preserved on the trial court record, even if it is a plain error.(05-21-2014)
State v. VanburenEvidence: Under ORS 98.005, in order for an officer to conduct a warrantless search of a closed bag, the officer’s subjective belief that the property is lost must be objectively reasonable—only then may the officer search the property to identify its owner.(05-14-2014)
State v. DavisEvidence: Under Article I, section 9 of the Oregon Constitution, police inventory procedures may constitute an unlawful search if they have no precise or meaningful limitations.(04-30-2014)
Lewis v. BeyerAdministrative Law: Under OAR 860-022-0041, the “automatic adjustment clauses” determined by the Public Utility Commission only apply to taxes levied on or after January 1, 2006. Furthermore, attorney’s fees are not appropriate in this case under ORS 183 (Administrative Procedures Act). (04-23-2014)