Kupillas v. Sage and Social, LLC.
ORS 215.760 does not bar future use changes to agricultural buildings once brought into building-code compliance
Area(s) of Law:- Land Use
State v. J.B.
Continued Commitment to State Psychiatric Care is permitted where evidence is sufficient to show that otherwise, the person would be at risk of serious physical harm.
Area(s) of Law:- Disability Law
State v. J. J. S.
ORS 426.095(1) allows courts to balance patient convenience against judicial efficiency in civil commitment hearings, and ORS 426.130(1)(a)(D) constitutionally authorizes firearm prohibitions for dangerous individuals.
Area(s) of Law:- Civil Procedure
State v. S.A.
It is within the bounds of ORS 426.090 to proceed on a citation that supplies a person with the nature of the information about the specific reasons they are believed to be mentally ill by referencing an attached document
Area(s) of Law:- Disability Law
Thornburgh v. Cyrus
“Under Oregon’s FED statutes, before a tenant is forcibly evicted from a property, there must be ‘a judicial determination that [the tenant] is not legally entitled to possession.’ Lindsey v. Normet, 405 US 56, 72, 92 S Ct 862, 31 L Ed 2d 36 (1972).”
Area(s) of Law:- Property Law
Wiley v. SAIF Corporation
Workers’ compensation coverage may extend where employer-endorsed parking creates a greater hazard
Area(s) of Law:- Administrative Law
Dept. of Human Services v. K. R. K.
ORS 419B.476(2)(a) states that “DHS is required to make “reasonable efforts * * * to make it possible for the ward to safely return home.”
Area(s) of Law:- Family Law
Dept. of Human Services v. R. M. E.
Under ORS 419B.387 “If the court finds in an evidentiary hearing that treatment or training is needed by a parent to correct the circumstances that resulted in wardship or to prepare the parent to resume the care of the ward, the court may order the parent to participate in the treatment or training if the participation is in the ward’s best interests.”
Area(s) of Law:- Family Law
Lavelle-Hayden v. Employment Dept.
The First Amendment’s Free Exercise Clause states that a state cannot deny unemployment benefits to a person who loses their job for conduct based on sincere “beliefs rooted in religion.”
Area(s) of Law:- Constitutional Law
State v. Hall
“[W]hen an officer testifies that two clues on the walk-and-turn test or the one-leg-stand test indicates impairment and that the officer observed that number or a higher number of clues, the testimony is scientific. As a result, it is inadmissible unless the state lays a Brown/O’Key foundation.”
Area(s) of Law:- Evidence
State v. Iams
Warrantless entries and searches of areas in which a defendant has a privacy interest are unreasonable unless they fall within one of the few exceptions to the warrant requirement
Area(s) of Law:- Criminal Procedure
State v. Schriner
Under ORS 809.240 and ORS 809.409(4), a trial court may consider the factual basis of the conviction, not just the statutory elements of the offense, in determining whether a license revocation is required.
Area(s) of Law:- Criminal Law
A. A. v. Cunial
“[P]rior voluntary contacts do not, as a matter of law, disqualify subsequent contacts from being unwanted or objectively alarming.”
Area(s) of Law:- Civil Stalking Protective Order
A. Z. v. Lange
To qualify as unwanted, expressive contacts must present a level of threat that "instills in the addressee a fear of imminent and serious personal violence from the speaker, [that] is unequivocal, and [that] is objectively likely to be followed by unlawful acts." (quoting State v. Rangel, 328 Or 294, 303, 977 P2d 379 (1999)).
Area(s) of Law:- Civil Stalking Protective Order
C. O. Homes, LLC v. Cleveland
Under ORCP 21 G(2) “A defense that * * * the action has not been commenced within the time limited by statute, is waived if it is neither made by motion under this rule nor included in a responsive pleading or an amendment thereof.”
Area(s) of Law:- Landlord Tenant
City of Portland v. Sottile
A firearm regulation is constitutional only if it is consistent with the Nations’ historical tradition of firearm regulation
Area(s) of Law:- Criminal Procedure
Dept. of Human Services v. E. L. P.
Telephonic Appearance Does Not Violate ORS 419B.875(2)(c) or Due Process if Defendant is able to Meaningfully Participate in the Proceedings.
Area(s) of Law:- Family Law
Downs v. Binns
When a trust states it becomes irrevocable upon the death of “a Grantor,” it becomes irrevocable upon the death of either grantor.
Area(s) of Law:- Trusts and Estates
State v. Duffee
A search incident to arrest conducted for the purpose of discovering evidence of the crime of arrest does not require exigency
Area(s) of Law:- Civil Procedure
State v. Gilmore
"[A]lthough the intent to commit a murder might “follow the bullet” under the doctrine of transferred intent, the legislature in ORS 161.219 expressly conditioned a person’s use of deadly force on their reasonable belief that a particular person—i.e., the person killed— was engaged in the conduct described by ORS 161.219 (1) to (3)."
Area(s) of Law:- Criminal Law
State v. Lane
“[T]he crime of harassment, which involves subjecting another person to offensive physical contact, ORS 166.065(1)(a)(A), is a qualifying misdemeanor under the firearm prohibition.” State v. Eggers, 372 Or 789, 791, 558 P3d 830 (2024).
Area(s) of Law:- Criminal Law
State v. Monaco
ORS 136.425(1) provides that ‘[a] confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats.’
Area(s) of Law:- Criminal Procedure
State v. Oxford
Detailed jury instructions can remedy an unintentional prosecutorial mistake, and expert testimony lacking verified scientific reliability can be excluded.
Area(s) of Law:- Criminal Law
]Miller v. Pettis
“[Adoption terminates] the relationship between the birth parent and the child, as if it had never happened.” See ORS 109.041(1). As applied to intestate succession, “the relationships existing at the time of the death of the decedent govern the passing of the decedent’s estate.” ORS 112.077(2).
Area(s) of Law:- Trusts and Estates
Lopez-Minjarez v. Kelly
Court Affirms Denial of Post-Conviction Relief Where Counsel’s Errors Not Prejudicial
Area(s) of Law:- Post-Conviction Relief
State v. Bitz
“If [a jury instruction, given in error, affected the verdict], then we must reverse the resulting convictions. If it did not, then we are obliged to affirm those convictions. Or Const, Art VII (Amended), § 3.”
Area(s) of Law:- Criminal Law
State v. Garrett
“[When the state violates] a defendant’s state constitutional rights and the defendant establishes a minimal factual nexus between the violation and the subsequent discovery of evidence, the evidence must be suppressed unless the state shows that the evidence did not result from that violation.” State v. Craigen, 370 Or 696, 712 (2023).
Area(s) of Law:- Criminal Law
State v. Miller
“[Four nonexclusive factors guide the compelling circumstances determination:] the length of the encounter, the location of the encounter, the amount of pressure placed on the defendant, and the defendant’s ability to end the encounter.” State v. Roble-Baker, 340 Or 631, 640-41, 136 P3d 22 (2006).
Area(s) of Law:- Criminal Law