Willamette Law Online

(20 summaries)

Matthew Tabor

Oregon Supreme Court

TitleExcerptFilling Date
State v. BabsonConstitutional Law: A Legislative Administration Committee (LAC) guideline prohibiting overnight stay on the Capitol grounds does not violate rights to expression and assembly found in Article 1, Sections 8 and 26, or the Oregon Constitution. (05-15-2014)
Purdy v. Deere and CompanyAppellate Procedure: ORS 19.415(2) does not preclude instructional or evidentiary errors from the gambit of potential claims for reversal. (04-17-2014)
Herald and SteadmanFamily Law: A court may consider the existence or absence, but not the value, of anticipated Social Security benefits as factors relevant to a just and proper division of property pursuant to ORS 107.105(f). (03-20-2014)
Moro v. State of OregonConstitutional Law: Based on the rule of necessity, a judge may participate in decision making pertaining to the Public Employee Retirement System (PERS) despite having a substantial economic interest therein. (01-16-2014)
Rasmussen v. RosenblumBallot Titles: Pursuant to ORS 250.035(2), a statement describing the result of a "yes" vote in a ballot caption must be simple, understandable, and not more than 25 words. (10-17-2013)
State v. FullerCriminal Law: Violations do not preclude a defendant from asserting a right to a jury trial pursuant to Oregon Constitution Article 1, section 11. (10-03-2013)

Oregon Court of Appeals

TitleExcerptFilling Date
State v. CaleCriminal Law: Criminal charges may not be merged where "sufficient pause" between acts is not present. (06-18-2014)
State v. GoetzingerEvidence: Bruising to an infant child alone does not constitute sufficient evidence to show medical care was necessary under ORS 163.200.(04-09-2014)
State v. PetersCriminal Procedure: Asking a person lawfully stopped for a traffic violation the location of a known associate that is at large does not constitute an unlawful extension of the stop via Article 1, Section 9 of the Oregon Constitution. (04-02-2014)
Dept of Human Services v. N.BFamily Law: A marked improvement in mental health condition is not necessarily sufficient to overcome the Court's wardship as to children. (02-26-2014)
Relling v. KhorenianProperty Law: A multiplicity of access points to a landlocked parcel defeats an easement of necessity claim. (02-12-2014)
State ex rel Dewberry v. KitzhaberTribal Law: The Governor has broad powers to enter into tribal-state gaming compacts with various Native American tribes residing in Oregon. (11-14-2013)
State v. WynneCriminal Law: A motion to suppress evidence on the grounds of unlawful seizure must establish a causal connection between the unlawful seizure and the discovery of challenged evidence.(10-09-2013)
Portland Columbia Symphony v. Employment Dept. Employment Law: Factors indicating that an employer is only in direction and control of a desired result over its workers, rather than authority to control the way that work is performed by the workers, favors a finding that the workers are independent contractors. (09-05-2013)
State v. JonesAppellate Procedure: Improper admission of prior bad acts evidence is subject to review under the "plain error" standard. (08-14-2013)
PacifiCorp v. SimplexGrinnelContract Law: Transposition of parties in the Court's hypotheticals pertaining to a contractual indemnification clause were immaterial. (07-24-2013)
State v. KinslowCriminal Law: Under ORS 163.225(1)(a), movement of an individual from one room to another within the same house does not meet the asportation element.(06-26-2013)
State v. AshbaughCriminal Law: For the purposes of ORS 162.155, an escapee enters into the constructive custody of authorities upon verbal notice of a warrant for his arrest and the intent of authorities to place him under arrest. (05-22-2013)
State v. MonroSentencing: The "shift-to-column-I" rule is subject to Measure 11 when a Measure 11 sentence is imposed consecutively with another offense. Where a sentencing conflict between "shift-to-column-I" and Measure 11 exists, the sentence shall be the greater of the two prescribed regimes. (05-08-2013)
McKinnon v. McKinnonFamily Law: Minor changes in monthly income does not constitute a substantial change in circumstances for the purpose of assessing spousal support obligations. (04-17-2013)