Willamette Law Online

(7 summaries)

Kathleen Wheeler

Oregon Court of Appeals

TitleExcerptFilling Date
State v. ClarkEvidence: When a mental state of recklessness is required, a jury instruction laying out elements of reasonable driving is not irrelevant to the jury in determining whether a defendant disregarded reasonable risks of driving.(04-24-2013)
State v. PlewCriminal Procedure: Where a defendant requests counsel when being interrogated about a crime, and is interrogated by the police about a separate crime that is factually, temporally, and territorially similar, counsel must be present for both interrogations.(03-06-2013)
Hughes v. City of PortlandTort Law: Under ORS 30.275, the tort claims notice requirement, reimbursement to an insurance company counts as partial payment towards plaintiff's claim.(02-13-2013)
Peace River Seed Co-Operative v. Proseeds MarketingContract Law: An ambiguous contractual provision requires the court to determine the parties' intent and use extrinsic evidence, if necessary. If the provision is still ambiguous, the court should use the appropriate maxims of construction.(12-05-2012)
Richardson v. Oregon Dept. of TransportationAdministrative Law: ORS 809.440(2)(b) does not create an exclusive list of defenses to DMV actions. ORS 809.440(2)(b) merely states possible defenses to a department's actions.(11-07-2012)
U.S. Bank National Assn. v. WrightProperty Law: When the plaintiff's complaint and the defendant's answer both raise an issue as to the validity of a trustee's deed, a motion for summary judgment is wrongfully entered without inquiring whether the trustee's sale actually occurred.(10-24-2012)
State v. KuehnerCriminal Procedure: The State may not recover unforeseen expenses related to overtime salary of police officers.(10-10-2012)