Oregon Court of Appeals (7 summaries)
State v. Caldwell
The mere existence of a restraining order does not constitute corroborating evidence sufficient to warrant a conviction for violation of a restraining order when the only other evidence presented by the state is the defendant's confession.
Area(s) of Law:- Post-Conviction Relief
Jones v. Douglas County
Extensions granted as authorized by OAR 660-033-0140(3), even if done in violation of the rule's requirements, are still considered granted "under" the rule and are therefore preempted from LUBA review.
Area(s) of Law:- Land Use
Gordon v. Board of Parole
Under ORS 144.125(3), a parole board may rely on any information contained in the psychological report to find the four elements required to defer release of an offender.
Area(s) of Law:- Parole and Post-Prison Supervision
Housing Authority of Jackson County v. Gates
Where a written lease specifically refers to another writing as being part of the entire agreement, that other writing is part of the lease agreement.
Area(s) of Law:- Contract Law
State v. Mullen
A person whose identity is misappropriated is a victim for purposes of identity theft under ORS 161.067(2).
Area(s) of Law:- Criminal Law
Klutschkowski v. Peacehealth
The noneconomic damage limitation of ORS 31.710 is not precluded by the remedy clause of Article I, section 10, nor the jury trial provisions of Article I, section 17, and Article VII, section 3 of the Oregon Constitution when the cause of action did not exist at the time the Oregon Constitution was adopted.
Area(s) of Law:- Tort Law
Central Oregon Landwatch v. Deschutes County
An Oregon county ordinance that authorizes including multi-tract sites of 160 acres or more on the county’s Destination Resort Eligible Lands Map does not conflict with ORS 197.455.
Area(s) of Law:- Land Use