Willamette Law Online

(3 summaries)

Aaron Reichenberger

Oregon Court of Appeals

TitleExcerptFilling Date
State v. KinneyEvidence: Despite a defendant’s proffered stipulation, evidence may be admissible if it is relevant to prove a fact that is at issue notwithstanding the stipulation. Furthermore, evidence against a defendant is not unfairly prejudicial solely because it is graphic in nature.(05-09-2012)
State v. DriesCivil Procedure: Under ORCP 59 H, a party must “state with particularity” the trial court’s alleged error in order to preserve an appellate challenge to the error.(04-18-2012)
Johnson v. Deschutes CountyLand Use: The proper analysis for determining a common law vested right to develop property under section 5(3) of Measure 49 was handed down in [italics]Friends of[/italics] [italics]Yamhill County v. Board of Commissioners[/italics] . However, in reviewing a hearings officer determination, the writ of review court cannot render its own factual findings.(03-28-2012)