Willamette Law Online

(8 summaries)

Lauren Robertson

Oregon Court of Appeals

TitleExcerptFilling Date
State v. Crook CountyLand Use: When determining whether someone has a common law vested right to complete a building project in compliance with Ballot Measure 37, the cost of completion must be established in the record and cannot be assumed.(03-14-2012)
Avanti Press, Inc. v. Employment Department Tax SectionEmployment Law: The test for unemployment taxes under ORS 670.600 is whether the contracted party controls their “means and manner” of their performance or if there are more generalized instructions on how to produce the desired results.(02-29-2012)
Portland Police Association v. City of PortlandLabor Law: If a collective bargaining agreement (CBA) unambiguously makes the parties’ dispute subject to a grievance procedure involving arbitration, any ambiguity with respect to which subjects are arbitrable under the CBA is resolved in favor of arbitrability.(02-08-2012)
Department of Human Services v. C.L.C.Juvenile Law: Evidence of irresponsibility, dishonesty, and instability that demonstrate a parent’s inability to provide proper care for his or her children over an extended period of time can be sufficient to show that the parent’s mental health issues were seriously detrimental to the children at the time of trial for the purposes of terminating parental rights.(12-29-2011)
Galloway v. NoothPost-Conviction Relief: When post-conviction relief is granted by a showing that defendant’s trial attorney did not sufficiently investigate issues surrounding the lethality of defendant’s actions, as required element of a crime, only those crimes which require intent may be overturned. Defendant’s other convictions that do not require proof of intent are otherwise still valid.(12-14-2011)
State v. NewmanEvidence: Driving under the influence of intoxicants is a strict liability offense, and evidence of mental state will be excluded.(11-02-2011)
State v. Paul William SchneiderCriminal Law: Unless the lease agreement specifies otherwise, a tenant has authority to invite guests to the common area of the property; even if the guest has been issued a written “notice of exclusions” by the property management, which would ordinarily make the guest liable for trespass.(10-19-2011)
State v. GriersonCriminal Law: A letter from the district attorney’s office advising defendant of an arraignment date does not satisfy the commencement of prosecution for statute of limitation purposes under ORS 131.135.(08-31-2011)