Willamette Law Online

(9 summaries)

Gabriel Walsh

Oregon Supreme Court

TitleExcerptFilling Date
Dixon v. RosenblumBallot Titles: Under ORS 250.085, the Court reviews ballot petitions for accuracy. Ballot titles found to be inaccurate are referred to the Attorney General for modification. (05-08-2014)

Oregon Court of Appeals

TitleExcerptFilling Date
State v. GravesAppellate Procedure: To preserve an error for appeal, a party must provide the trial court with an argument that is specific enough to ensure that the court can identify its alleged error with enough clarity to consider and correct it immediately, if correction is warranted. (07-23-2014)
State v. GravesAppellate Procedure: To preserve an issue for appeal, a party must have provided the trial court with an argument that is specific enough to ensure that the court can identify its alleged error with enough clarity to consider and correct it immediately, if correction is warranted.(07-23-2014)
State v. MendozaCriminal Procedure: Under Article I, section 12, of the Oregon Constitution, a person’s refusal to consent to something that he or she is not required to do is not admissible at trial. (07-09-2014)
State v. FletcherCriminal Procedure: An issue can be preserved for appeal when the party asserting error had requested that the jury hear his argument, but was prevented by the trial court from advancing that argument.(06-18-2014)
Chernaik v. KitzhaberCivil Procedure: Under the Uniform Declaratory Judgments Act, a complaint can be justiciable when it seeks a judicially issued declaration regarding duties that the state may have under a legal doctrine.(06-11-2014)
State v. GardnerCriminal Procedure: Even if a search violates Article I, section 9 of the Oregon Constitution, because it resulted in constitutionally tainted information being included in a warrant application, it does not compel the conclusion that a search conducted pursuant to that warrant was invalid.(05-29-2014)
State v. Miller Criminal Procedure: Although ORS 137.540(2) allows a court to impose special provisions of probation when reasonably related to the crime of conviction or the needs of the petitioner for the protection of the public or reformation of the probationer, no provision exists for the forfeiture of property as a condition of probation.(04-30-2014)
State v. PearsonCriminal Procedure: Under Article I, section 9 of the Oregon Constitution, which governs privacy rights with respect to personal effects, an officer unlawfully extends a traffic stop if he inquires about the presence of a weapon once the officer’s source of suspicion has been dispelled.(04-23-2014)