Willamette Law Online

(20 summaries)

Cara Sheehan

Oregon Supreme Court

TitleExcerptFilling Date
Towers v. RosenblumLabor Law: When creating a ballot title that has the effect, if adopted by the voters, of creating "free riders" the ballot title caption must identify the actual major effect. (09-12-2013)

Oregon Court of Appeals

TitleExcerptFilling Date
Gomez and GomezFamily Law: In awarding child custody, a court must first determine what party is entitled the statutory preference in favor of the primary caregiver under ORS 107.137(1). (03-19-2014)
Haggerty and HaggertyFamily Law: The trial court erred when it failed to determine whether the parties had entered into a valid settlement agreement. (02-20-2014)
State v. NealCriminal Procedure: When a defendant is not brought to trial in accordance with ORS 135.763 to ORS 135.765 (Oregon's speedy trial provisions) and none of the exceptions under ORS 135.765(2) apply, a court is obligated to dismiss the case upon motion by defendant. (01-29-2014)
Cortese and CorteseFamily Law: A court may award transitional spousal support based on an earning capacity that is greater than actual income when there is sufficient evidence in the record supporting the increase. (12-26-2013)
State v. Granberry Criminal Procedure: The State must initiate proceedings for a probation-violation before the probationary term has expired. (12-18-2013)
Logan v. State of OregonPost-Conviction Relief: In order to qualify for post-conviction relief based on trial counsel's failure to object to testimony, a defendant must be prejudiced by the attorney's failure to do so.(11-14-2013)
DeArmitt v. Dept. of CorrectionsFirst Amendment: The limited scope of review under ORS 183.400 does not allow the Court to review such rule challenges to determine whether the rules find adequate evidentiary support in the rulemaking record therefore both of the Oregon Department of Corrections rules, OAR 291-131-0035(1)(a)(D) and OAR 291-131-0025(11)(b)(D), are held valid.(10-23-2013)
Dept. of Human Services v. J. G.Evidence: Statements that the court relied on to establish jurisdiction were admissible under OEC 803(4) as statements for the purpose of medical diagnosis or treatment.(08-14-2013)
ZRZ Realty v. Beneficial Fire and Casualty Ins.Attorney Fees: Under ORS 20.220(3)(a) if supplemental judgment is predicated on the underlying attorney fee award in the general judgment, the effect of reversing the general judgment is the reversal of the supplemental judgment as well.(06-19-2013)
Campbell v. Employment DepartmentEmployment Law: An order by the EAB will be upheld if it is supported by substantial evidence and reason.(05-15-2013)
Dept. of Human Services v. J. R. LJuvenile Law: A juvenile court cannot rely on facts extrinsic to the jurisdictional judgment in determining the basis for continuing jurisdiction. (04-24-2013)
State v. ValleEvidence: Evidence is admissible as relevant impeachment evidence when it supports an inference that a witness had a personal interest or bias to testify in a particular manner.(03-27-2013)
State v. WhiteAppellate Procedure: A defendant's appeal of supplemental judgment is timely when the 30-day appeal period under ORS 138.071(4) does not start running until actual notice of the supplemental judgment being entered has been received by the defendant or his counsel.(03-06-2013)
State v. StephensEvidence: Evidence of uncharged incidents of sexual conduct between the victim and the defendant are admissible under OEC 404(4).(02-06-2013)
State v. MurrCriminal Procedure: Under ORS 135.747, “period of time” to bring a defendant to trial begins when the information is filed with the court and not with the service of citations. (01-09-2013)
State v. BaranovichCriminal Procedure: An incarcerated defendant consents to a delay of trial for other charges when she knowingly fails to make a demand for a speedy trial.(12-12-2012)
State v. WrightCriminal Law: For first-degree criminal mistreatment, "physical injury" is an impairment of a physical condition or a substantial amount of pain. Impairment of a physical condition is harm to the body or an inability to use the body or a bodily organ for a certain period of time.(11-07-2012)
State v. J.S.Civil Commitment: For involuntary commitment cases based on a mental disorder, the state must prove by clear and convincing evidence that the defendant''s mental disorder would cause him to inflict danger to himself or to others in the near future.(10-24-2012)
Cornus Corp. v. GEAC Enterprise Solutions, Inc.Civil Procedure: The claim preclusive effect of a federal court's judgment is governed by Oregon's claim preclusion law, which states that a claim brought in federal court is not barred in state court unless it was adjudicated on the merits.(10-03-2012)