January 5 summaries
Rennie and Rennie
Under ORS 109.119, if a third party seeks "custody, guardianship, right of visitation or other right," the court must determine whether the presumption has been rebutted according to the type of relief sought and the parties’ present circumstances.
Area(s) of Law:- Family Law
State v. Dumdei
“Prosecutorial statements that were improper but curable are not an appropriate subject of plain-error review”
Area(s) of Law:- Criminal Procedure
State v. Zweygartt
Court Finds Defendant Abandoned Privacy Interest in Smartphone; Merger Required on Two Counts
Area(s) of Law:- Criminal Law
Progressive Universal Ins. Co. v. Voyles
Under ORS 742.502, lower UM/UIM limits bind all insureds when elected by any named insured.
Area(s) of Law:- Insurance Law
State v. Kyei
“The trial court needs to evaluate the error, along with the explicit and implicit instructions from the appellate court, and consider the impact of the error on the record. If the trial court determines that the record could have developed in a materially different way if the error had not occurred, then a defendant is entitled to a new trial.” State v. Hightower, 368 Or 378, 387, 491 P3d 769 (2021).
Area(s) of Law:- Criminal Law