Willamette Law Online

(7 summaries)

Nick Petsas

Oregon Court of Appeals

TitleExcerptFilling Date
State v. CaldwellPost-Conviction Relief: 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.(12-29-2011)
Jones v. Douglas CountyLand Use: 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.(12-14-2011)
Gordon v. Board of ParoleParole and Post-Prison Supervision: 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.(11-23-2011)
Housing Authority of Jackson County v. GatesContract Law: 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.(11-09-2011)
State v. MullenCriminal Law: A person whose identity is misappropriated is a victim for purposes of identity theft under ORS 161.067(2).(09-28-2011)
Klutschkowski v. PeacehealthTort Law: 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.(09-21-2011)
Central Oregon Landwatch v. Deschutes CountyLand Use: An Oregon county ordinance that authorizes including multi-tract sites of 160 acres or more on the county‚Äôs Destination Resort Eligible Lands Map does not conflict with ORS 197.455.(08-31-2011)