Willamette Law Online

(23 summaries)

Scott Miller

Oregon Court of Appeals

TitleExcerptFilling Date
Aleali v. City of SherwoodLand Use: A deficiency in pre-hearing notice invoking delayed appeal rights, under ORS 197.830(3), is determined solely by state law procedures, and not by local law. (04-02-2014)
State v. LicariCriminal Procedure: A denial for a continuance is measured on an abuse of discretion standard, while looking at the particular circumstances of the case and the reasons presented to the court at the time of denial. (03-26-2014)
Head v. HeadTrusts and Estates: The court may not grant relief in the form of modifying a trust instrument's terms, if modification was not reasonably contemplated by the parties and substantially departs from the pleadings and legal theories. (03-05-2014)
Gambee v. Oregon Medical BoardAdministrative Law: Under ORS 677.190(1)(b)(A), a doctor that puts his/her patients at a risk of harm greater than the standard treatment does not qualify as “alternative medical treatment.” (02-20-2014)
Stevens v. City of Island City Land Use: Under ORS 197.835(9)(a)(C), LUBA can only reverse or remand the decision of the local government if the decision is not supported by substantial evidence in the record. (02-05-2014)
State v. Ramirez-EstradaEvidence: If it is plausible that the defense counsel did not object to inadmissible testimony as a strategic decision, the trial court's failure to take corrective action is not plain error. (12-26-2013)
State v. AndersonCriminal Procedure: Under Article I, Section 9 of the Oregon Constitution, to have probable cause in a traffic stop, the officer must (1) subjectively believe a violation has occurred, and (2) that belief must be objectively reasonable under the circumstances.(11-14-2013)
Dept. of Human Services v. L.A.S. Juvenile Law: Under ORS 419B.476, there is no requirement that the juvenile court consider whether a child can be safely returned to the parent within a reasonable time, before changing a permanency plan from reunification to adoption. (10-23-2013)
Hale v. BellequePost-Conviction Relief: Relief cannot be granted for a claim that is not alleged in the petition and not litigated by the post-conviction court. Petitioner does not need to show evidence of prejudice if the trial court fails to give a proper concurrence instruction. (09-25-2013)
Aguilar v. Employment Dept. Employment Law: To receive unemployment benefits, the "good cause" standard is determined as whether a reasonable person would have considered the circumstances to be sufficiently grave that he or she had no alternative but to resign. (09-05-2013)
Dept. of Human Services v. D.W.C. Juvenile Law: To change a permanency plan from reunification to guardianship, the parent must fail to make sufficient progress in his or her relationship with the child to remove the jurisdictional basis. (08-14-2013)
State v. AlvaradoCriminal Law: Under ORS 166.450, the phrase "presumptive evidence" is not that same as a rebuttable presumption, and does not shift the burden of proof to the Defendant. Additionally, reasonable suspicion is determined at the time the traffic stop is improperly extended, and does not include factors that arise after the unlawful extension. (07-24-2013)
ODOT v. SinghProperty Law: Under the requirements in ORS 35.346, just compensation for damages resulting from a condemnation action need to be calculated based on specified terms promised in the agreement. (06-26-2013)
State v. RossCriminal Procedure: For a passenger to be seized during a traffic stop, the officer must use physical force or a show of authority directed at the defendant, specifically. (05-22-2013)
State v. ErbCriminal Procedure: Under Article I, Section 11, of the Oregon Constitution, a waiver of the right to counsel must be voluntarily and intelligently made. (04-24-2013)
State v. ReedCriminal Law: Under ORS 161.067, the antimerger statute applies if the criminal violations were (1) completed before the next violation began, and (2) there was a significant pause between each attempt, affording the defendant the opportunity to renounce his criminal intent.(04-03-2013)
Dept. of Human Services v. M.E.Juvenile Law: Under ORS 419B.100(1)(c), the juvenile court has jurisdiction when conditions and circumstances are such that the welfare of the children is endangered. The trial court's decision is reviewed de novo, and is measured by the totality of the circumstances.(02-21-2013)
Campbell v. StateParole and Post-Prison Supervision: An inmate is not eligible to receive "good time" credit for his first sentence, under ORS 421.120, when he is serving consecutive sentences. Also, a date set for when an inmate is eligible for parole is not a reduction of his sentence. (01-30-2013)
State v. DavisCriminal Procedure: Under ORS 813.150, a defendant has a statutory right to request an independent blood test and be given a reasonable opportunity to obtain that test. Once the request is made, the police officer cannot prevent or hinder the ability of the defendant to obtain the test, however there is no affirmative obligation to help the defendant do so.(12-27-2012)
State v. Cespedes-RodriquezCriminal Law: Under ORS 161.200, after a defendant raises a 'choice of evils' defense, the state must disprove that defense beyond a reasonable doubt. The defense can be disproved if the defendant had the intent to act illegally before the imminent threat of safety existed.(12-05-2012)
A & E Security and Electronic Solutions, Inc. v. Fortalesa, Inc.Attorney Fees: Under ORS 20.083, attorney fees may be awarded under provisions in a rescinded contract. ORS 20.083 was enacted to restore full reciprocity for awarding attorney fees and it is not limited by the examples in the explanatory clause.(11-07-2012)
State v. MusserCriminal Law: Under ORS 164.245, criminal trespass in the second degree is measured under an objectively reasonable person standard, and under ORS 131.605(6) an officer must have a reasonable suspicion of criminal activity to make a stop. Evidence discovered during an illegal stop is inadmissible.(10-24-2012)
Horton v. NelsonAttorney Fees: Under ORS 20.105, a defendant has been wrongly awarded attorney fees as the prevailing party when the trial court erred in dismissing the plaintiff's complaint.(10-03-2012)