Willamette Law Online

(20 summaries)

Samantha Stocklein

Oregon Supreme Court

TitleExcerptFilling Date
Chase and ChaseFamily Law: After an initial judgment is entered requiring payment of child support in future recurring installments, interest on unpaid installments is postjudgment, not prejudgment interest, and is governed by paragraph (2)(b), not paragraph (2)(c), of ORS 82.010. (02-13-2014)
State v. PipkinCriminal Procedure: When determining whether a jury concurrence is required, a court must first determine the legislature's intent in enacting the criminal statute. If the legislature intended two ways of proving a single element, jury concurrence is not required, so long as Article I, section 11 of the constitution is not violated.(12-12-2013)
State v. BenoitCriminal Procedure: The Oregon Constitution does not support the state transforming what begins as a criminal proceeding into a noncriminal proceeding without the defendant's consent.(10-03-2013)

Oregon Court of Appeals

TitleExcerptFilling Date
State v. AndrewsEvidence: In order to preserve an assignment of error, Defendant must argue at trial that testimony must be proven by a preponderance of the evidence. (04-02-2014)
Clackamas River Water v. HollowayCivil Law: Under ORS 31.150(1)(3), Oregon's anti-SLAPP statute, a defendant's successful special motion to strike canooot then "proceed to trial." (03-26-2014)
Fleming v. Board of Parole and Post-Prison SupervisionAdministrative Law: Petitioner must first raise issues on administrative review in order for them to subsequently be considered on judicial review. (03-19-2014)
State v. Lopez Criminal Law: Under ORS 137.106, restitution must be imposed within 90 days after sentencing or otherwise extended by the court for good cause and Defendant must be given an opportunity to be heard before the court on the imposition, amount, or distribution of the restitution. (03-05-2014)
Central Oregon Intergovernmental Council v. AlbertWorkers Compensation: The Worker's Compensation Board is required to use evidence on the record to determine whether a claimant has been released to his post-injury job, such as medical records, claimant's own description of work history, employer's Regular Duty Job analysis, and evidence about claimant's post injury capacity. (01-23-2014)
State v. MazzolaCriminal Procedure: Under Article I, section 9, an officer can conduct field sobriety tests (FSTs) if the tests are justified by probable cause and exigent circumstances. (12-26-2013)
State v. Pipkin Tax Law: A one time sale of intangible assets is excluded from the definition of "sales" under ORS 314.665(6)(a) and is not included in that definition under the "unless" clause of that statute. (12-12-2013)
State v. Wright Criminal Procedure: A fact finder may logically infer, beyond a reasonable doubt, that a single transaction was the result of a continued scheme of defraudment based on previous transactions of similar nature. (11-20-2013)
State v. Flores Criminal Law: Under ORS 161.067, the court must merge two convictions when a defendant's acts constitute the same conduct or criminal episode, violate two or more statutory provisions, and all elements of one offense are necessarily included in the commission of the other offense.(10-30-2013)
Minihan v. Stiglich Property Law: An intentional trespass action may properly result in compensatory and punitive damages for both loss of use and emotional distress even if emotional distress is not specifically alleged.(10-09-2013)
State v. Gruver Criminal Law: Leaving the supervision of an unarmed civilian not on the premises of a correctional facility is not escape in the second or third degree and instead constitutes unauthorized departure under ORS 162.175. (09-18-2013)
Dam v. Board of Parole and Post-Prison Supervision Criminal Procedure: Erred psychological report leading to denial of parole requires new psychological evaluation pursuant to ORS 144.226 and ORS 144.228.(08-14-2013)
Multnomah County Corrections v. Multnomah CountyEmployment Law: Requirement of a minimum of 40 hours training for strike-prohibited corrections employees cannot be reasonably understood to relate to a matter of on-the-job employee safety under ORS 243.650. (07-31-2013)
Shelter Products v. Steelwood Construction Contract Law: When a contract is terminated "for convenience" and not "for cause," a general contractor cannot deduct their damages from the amount awarded for work completed by a subcontractor. (07-03-2013)
State v. Meza-GarciaCriminal Procedure: When an officer asks for consent to search following an illegal stop, evidence resulting from the search can be found admissible if the consent is "sufficiently attenuated" from the initial illegal stop. (05-30-2013)
State of Oregon v. Marvin OpitzCriminal Law: For a conviction of kidnapping the first degree, the defendant must move the victim to a "qualitatively different" location. (05-15-2013)
State v. CollinsCriminal Procedure: Courts now should utilize the Lawson/James test for determining the admissibility of in court and out of court identifications. (04-17-2013)