Matthew Tabor

Oregon Supreme Court (6 summaries)

State v. Babson

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.

Area(s) of Law:
  • Constitutional Law

Purdy v. Deere and Company

ORS 19.415(2) does not preclude instructional or evidentiary errors from the gambit of potential claims for reversal.

Area(s) of Law:
  • Appellate Procedure

Herald and Steadman

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).

Area(s) of Law:
  • Family Law

Moro v. State of Oregon

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.

Area(s) of Law:
  • Constitutional Law

Rasmussen v. Rosenblum

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.

Area(s) of Law:
  • Ballot Titles

State v. Fuller

Violations do not preclude a defendant from asserting a right to a jury trial pursuant to Oregon Constitution Article 1, section 11.

Area(s) of Law:
  • Criminal Law

Oregon Court of Appeals (14 summaries)

State v. Cale

Criminal charges may not be merged where "sufficient pause" between acts is not present.

Area(s) of Law:
  • Criminal Law

State v. Goetzinger

Bruising to an infant child alone does not constitute sufficient evidence to show medical care was necessary under ORS 163.200.

Area(s) of Law:
  • Evidence

State v. Peters

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.

Area(s) of Law:
  • Criminal Procedure

Dept of Human Services v. N.B

A marked improvement in mental health condition is not necessarily sufficient to overcome the Court's wardship as to children.

Area(s) of Law:
  • Family Law

Relling v. Khorenian

A multiplicity of access points to a landlocked parcel defeats an easement of necessity claim.

Area(s) of Law:
  • Property Law

State ex rel Dewberry v. Kitzhaber

The Governor has broad powers to enter into tribal-state gaming compacts with various Native American tribes residing in Oregon.

Area(s) of Law:
  • Tribal Law

State v. Wynne

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.

Area(s) of Law:
  • Criminal Law

Portland Columbia Symphony v. Employment Dept.

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.

Area(s) of Law:
  • Employment Law

State v. Jones

Improper admission of prior bad acts evidence is subject to review under the "plain error" standard.

Area(s) of Law:
  • Appellate Procedure

PacifiCorp v. SimplexGrinnel

Transposition of parties in the Court's hypotheticals pertaining to a contractual indemnification clause were immaterial.

Area(s) of Law:
  • Contract Law

State v. Kinslow

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.

Area(s) of Law:
  • Criminal Law

State v. Ashbaugh

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.

Area(s) of Law:
  • Criminal Law

State v. Monro

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.

Area(s) of Law:
  • Sentencing

McKinnon v. McKinnon

Minor changes in monthly income does not constitute a substantial change in circumstances for the purpose of assessing spousal support obligations.

Area(s) of Law:
  • Family Law

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