Willamette Law Online

(17 summaries)

Kevin Moore

Oregon Supreme Court

TitleExcerptFilling Date
State v. SwansonCriminal Procedure: A jury's authority to find a defendant guilty of a crime, the commission of which is necessarily included in that with which the defendant is charged, extends only to an offense for which a prison sentence is authorized.(11-10-2011)
State v. DavisCriminal Law: The right against self-incrimination prohibits police questioning only when a defendant is in custody or otherwise in compelling circumstances, and the right to counsel bars police questions outside the presence of counsel only once criminal proceedings have begun.(06-30-2011)

Oregon Court of Appeals

TitleExcerptFilling Date
Schleiss v. SAIFWorkers Compensation: Under OAR 436-035-0013, workers may receive permanent partial disability benefits only when the disability was caused by a compensable condition. Also, apportionment is not precluded unless the compensable injury worsened or rendered symptomatic a noncompensable condition.(06-13-2012)
Maguire v. Clackamas CountyProperty Law: Procedural error by LUBA is not cause for reversal or remand unless the court finds that substantial rights of the petitioner were prejudiced thereby and LUBA review is preempted by ORS 195.318(1) which states a county's determination under Measure 49 is not a land use decision.(05-31-2012)
Goodsell v. Eagle-Air Estates Homeowners Assn.Civil Law: Where homeowners association bylaws and statutory removal provisions are nonexclusive and Oregon law supplements them without contradiction, an action to remove defendant directors of the association may be rejected.(05-09-2012)
State v. UrbinaCriminal Law: Downloading child pornography from an online peer-to-peer network constitutes "knowing duplication" of those materials and, in cases of encouraging child sex abuse, whether the "victim" is the State or the child in the image/video is a matter "reasonably in dispute."(04-11-2012)
Dept. of Human Services v. D.M.Family Law: Exposure to a parent's unconventional but not unlawful lifestyle does not justify state intervention into a parent's fundamental right to the care, control, and custody of his or her children.(03-14-2012)
Cortez v. Nacco Materials Handling GroupEmployment Law: The exclusive remedy provision of the workers' compensation law does not apply to "members" of an LLC, primarily because an LLC is a legal entity distinct from its members.(02-29-2012)
Mentor Graphics Corp. v. VelazquezWorkers Compensation: If the Court of Appeals cannot determine from records of the Workers' Compensation Board whether it found that a claimant proved the existence of an occupational disease, not just symptoms, then the Court may remand the case so that the board may address that point.(02-08-2012)
State v. AronsonConstitutional Law: A police officer's act of parking several car lengths behind a person's vehicle does not constitute a show of authority or restraint of the person's liberty such that a reasonable person would not feel free to leave.(12-29-2011)
Barrett v. WilliamsHabeas Corpus: A petition for habeas corpus must state more than mere conclusions; it must allege with facts which would entitle the plaintiff to habeas corpus relief. Representation by counsel in tort or post-conviction cases is not a constitutional right.(12-21-2011)
State v. HesedahlCriminal Law: Verbal encouragement of a person committing an assault constitutes aiding the assault if the person was at hand, or within reach, sight, or call during the assault and presented an added threat to the victim's safety.(12-21-2011)
State v. TrivittFamily Abuse Prevention Act: Posting a sign at the residence of a third party does not constitute "interfering" with a person protected by a FAPA restraining order, and therefore is not covered by a FAPA order that prohibits an individual from intimidating, molesting, interfering with or menacing the protected person, or attempting to intimidate, molest, interfere with or menace that person directly or through third parties.(12-14-2011)
State v. AyvazovCriminal Procedure: Where suspicious activity occurs, and it is objectively reasonable that the passenger of a car was recently involved in a crime, the police met its burden to show probable cause when arresting the passenger.(11-23-2011)
State v. WhiteAppellate Procedure: Appeals from supplemental judgments, like other judgments, must be timely for the Court of Appeals to maintain jurisdiction.(11-02-2011)
State v. D. M.Civil Law: In the absence of clear and convincing evidence that because of a mental disorder a person’s life is threatened by their inability to secure basic self-care, probable homelessness and the mere possibility of life-threateningly cold weather do not provide sufficient basis for civil commitment where there is no reason to believe that the individual would not seek shelter.(09-08-2011)
Drury v. Assisted Living Concepts, Inc.Contract Law: Children will not be contractually bound by arbitration provisions in contracts to which their parents are third-party beneficiaries if the parent in question did not assent to the provision because of lack of capacity, and the parent’s actions do not bind him or her to the agreement.(08-31-2011)