(17 summaries)
Kraig Moore
Oregon Supreme Court
| Title | Excerpt | Filling Date |
|---|---|---|
| In re Walton | Professional Responsibility: The Oregon Supreme Court independently determines sanctions for reciprocal discipline proceedings when the lawyer's conduct also violates Oregon's professional rules. | (10-11-2012) |
Oregon Court of Appeals
| Title | Excerpt | Filling Date |
|---|---|---|
| McMurchie and McMurchie | Family Law: When determining a parent's presumed income, for the purposes of determining a child support obligation, a court may consider the parent's actual income or potential income, but not both. | (05-22-2013) |
| Dow and Dow | Family Law: In modifying a stipulated judgment of dissolution, a provision that does not contravene public policy or the law does not limit a court's ability to modify it. Additionally, a change of circumstances initiating modification can be the product of either party. | (04-24-2013) |
| State v. McGee | Criminal Procedure: When applying ORS 135.747 in a motion to dismiss for lack of a speedy trial, the Court uses a two-step approach. First, the Court determines the total amount of delay and subtracts any delay caused by Defendant's application or consent. Second, the Court determines whether the remaining delay is reasonable. | (02-27-2013) |
| State v. Aitken | Criminal Law: Under ORS 161.067(3), criminal violations involving the same conduct against the same victim will merge unless the violations can be separated by a sufficient pause in the defendant's criminal conduct that would allow an opportunity to renounce the criminal intent. | (02-06-2013) |
| PIH Beaverton, LLC v. Super One, Inc. | Contract Law: Under ORS 12.135(3), an improvement to real property is considered substantially complete when the contractee has accepted the completion in writing or when a contractee has accepted construction that actually has been completed. | (01-09-2013) |
| Steele and Steele | Family Law: A court may authorize an award of indefinite compensatory and maintenance spousal support if, based on the facts and circumstances of the case, the award provides to both spouses a standard of living roughly similar to the one during marriage. | (12-12-2012) |
| Dept. of Human Services v. S.C.S | Juvenile Law: Jurisdiction in custody cases involving multiple jurisdictions is determined by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), ORS 109.701 to 109.834. Pursuant to ORS 109.741(1), the court may make an initial custody determination. | (11-07-2012) |
| State v. Turner | Criminal Procedure: Under State v. Glushko/Little, failure to appear does not equal the defendant's consent to a delay for the purposes of ORS 135.747. The Court may also look to the cause of the delay in determining whether the Defendant was brought to trial in a reasonable amount of time. | (09-26-2012) |
| State v. Soto | Criminal Procedure: An unlawful seizure occurs when, without justification, the totality of a police officer's actions have led a person to reasonably believe that their liberty or freedom of movement was restricted by the officer's show of authority. | (08-29-2012) |
| Rice v. Rabb | Property Law: The legislature will clearly state if a discovery rule applies to a statute of limitations. | (08-08-2012) |
| State v. O'Hara | Criminal Law: To satisfy the element of forcible compulsion, the trier of fact may consider circumstances known to the defendant that relate to whether the victim was in fact compelled. | (07-18-2012) |
| State v. Hollywood | Evidence: Testimony of one witness regarding the credibility of another witness is impermissible. Additionally, the Court suggests that the trial judge should summarily cut off questions that elicit testimony on the credibility of a witness so that a jury is not contaminated by it. | (06-27-2012) |
| State v. Johnson | Criminal Law: Under ORS 166.382(1)(a)(A), the meaning of the term "bomb" requires that a device be capable of detonating under certain conditions. The statute does not suggest that a device is not a "bomb" just because the device is temporarily disabled. | (06-13-2012) |
| Case v. Burton | Property Law: Under common law and ORS 105.620, a claim for adverse possession fails if the claimant does not adequately identify the area that was allegedly adversely possessed. | (05-16-2012) |
| State v. Young | Sentencing: When a court imposes a post-prison supervision term it cannot be for an indefinite period and dependent upon the amount of prison time the defendant actually serves. If the sentence is concurrent with a prison term, the sum of the two terms cannot exceed the statutory maximum indeterminate sentence. | (05-02-2012) |
| State v. Jordan | Criminal Procedure: Under ORS 137.106(1)(a), the appropriate cut-off date for restitution is the date imposed by the sentencing court, and the trial court may award restitution for income lost up until that date. | (03-28-2012) |