In re Marriage of Daniel-Elliot and Daniel
“When a trial court determines that a property provision of a dissolution judgment is ambiguous, it is permitted to explain the meaning or the intent of that existing ambiguous provision, but it is not permitted to make substantive changes to the original terms of the judgment.”
Area(s) of Law:- Family Law
Lehman v. Board of Parole
Except as provided in ORS 137.635 [concerning repeat offenders], each inmate sentenced to the custody of the department for felonies committed on or after November 1, 1989, shall be eligible for a reduction in the term of incarceration for appropriate institutional behavior, as defined by rule of the Department of Corrections.
Area(s) of Law:- Post-Conviction Relief
State v. Wilson
Under ORS 137.123(5)(b), a sentencing court has discretion to impose consecutive sentences for separate convictions arising out of a continuous and uninterrupted course of conduct only if it finds that the criminal offense for which a consecutive sentence is contemplated "caused or created a risk of causing greater or qualitatively different loss, injury or harm to the victim or caused or created a risk of causing loss, injury or harm to a different victim than was caused or threatened by the other offense or offenses committed during a continuous and uninterrupted course of conduct."
Area(s) of Law:- Criminal Law
Central Oregon Landwatch v. Deschutes Cty.
“ORS 197.015(10)(e)(B) provides that the term land use decision ‘does not include any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or 227.179”. ORS 197.015(10)(e)(B).
Area(s) of Law:- Land Use
Nava v. SAIF
"An insurer 'unreasonably delays' payment of compensation for purposes of ORS 656.262(11) if, at the time compensation is due, the insurer had no legitimate doubt regarding its liability for the compensation." Snyder v. SAIF, 287 Ore. App. 361.
Polonsky v. Washington County
"The reasonable time for challenging the decision of the Secretary of State—including her failure to decide—whether a proposed initiative violates the 'one subject only' rule of Oregon Constitution, Article IV, section 1(2)(d), expires on the 60th day following final approval of the ballot title." Ellis v. Roberts, 302 Or 6.
Area(s) of Law:- Election Law
State v. Graham
In the specific context of prosecutorial misconduct in closing argument, for an error to be “plain,” it must be “beyond dispute that the prosecutor’s comments were so prejudicial as to have denied defendant a fair trial.” State v. Chitwood, 370 Or 305.
Area(s) of Law:- Criminal Law
State v. North
ORS 161.215(1) bars self-defense claims where the defendant either provoked the victim to act or was the initial aggressor.
Area(s) of Law:- Criminal Law
Washington v. Kelly
Post-conviction relief is warranted when there has been a "substantial denial" of a petitioner's "rights under the Constitution of the United States, or under the Constitution of the State of Oregon, or both, and which denial rendered the conviction void." ORS 138.530(1)(a).
Area(s) of Law:- Criminal Law
Lockner v. Farmers Ins. Co. of Oregon
“Under Oregon law, the purpose of an exclusion in an insurance policy is to eliminate coverage that, were it not for the exclusion, would otherwise exist.” ZRZ Realty v. Beneficial Fire & Cas. Ins. Co., 222 Ore. App. 473
Area(s) of Law:- Insurance Law
State v. Willis
A person with a qualifying marijuana conviction may apply to the court in which the judgment of conviction was entered for entry of an order setting aside the conviction as provided in this section. “Qualifying marijuana conviction” means a conviction for a marijuana offense: For which the person has completed and fully complied with or performed the sentence of the court. ORS 475C.397(7)(b).
Area(s) of Law:- Post-Conviction Relief