January 14 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. Carlton
“When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.” ORS 161.067(1).
Area(s) of Law:- Criminal Law
State v. E. K. C.
ORS 426.090 requires a citation to “be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing.”
Area(s) of Law:- Civil Procedure
State v. Harrington
Misjoinder is harmless if there is little likelihood it affected the verdict.
Area(s) of Law:- Criminal Procedure
Kummer v. Fred Meyer Stores, Inc.
In order to survive summary judgment under a constructive knowledge theory for a premises liability claim, the plaintiff must produce evidence that shows how long the hazard was there for.
Area(s) of Law:- Tort Law
Dept. of Human Services v. S.E.D.
Under ORS 419B.476(2)(a), the juvenile court must determine, based on the record as of the hearing, whether DHS has made reasonable efforts and whether the parent has made sufficient progress for a safe return to their care possible, when the permanency plan at the time of the hearing is reunification.
Area(s) of Law:- Juvenile Law
Hertz v. Clackamas County Sheriff's Office
Under ORS 166.274, a petitioner seeking relief from a felony firearm restriction requires clear and convincing evidence that they no longer pose a safety risk, taking into account the original offense and their post conviction conduct, not just the amount of time since the offense.
Area(s) of Law:- Post-Conviction Relief
State v. Hutchinson
“When conducting the OEC 403 analysis, a trial court should consider how the proffered evidence would have fared under OEC 404(3) to determine whether the evidence would have been admissible under that rule for “one or more nonpropensity purposes”
Area(s) of Law:- Criminal Law
State v. Johnson
Failure to give the jury instruction on culpable mental state for the value element of criminal mischief is a reversible error by the trial court because the value element is a material element that requires mental state under ORS 161.095.
Area(s) of Law:- Criminal 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
State v. Villasenor-Sibrian
“For purposes of Article I, section 9, a search occurs when governmental action invades a protected privacy interest.”
Area(s) of Law:- Criminal Law
February 9 summaries
Dalton and Dalton
When dividing marital real property upon dissolution, the court must divide the equity in the property not just the market value of the real property
Area(s) of Law:- Family Law
State v. Bonczkowski
Under OEC 401, evidence is relevant if it has any tendency to make a fact of significance more or less probable; under OEC 403, a claim that relevant evidence should be inadmissible is waived if not raised during trial.
Area(s) of Law:- Evidence
State v. Humphrey
Reasonable suspicion exists when an officer can point to specific and articulable facts that give rise to a reasonable inference that the defendant committed or was about to commit a specific crime or type of crime.
Area(s) of Law:- Criminal Procedure
State v. Oldfield
When determining whether a culpable mental state applies to an element within a statute, courts look at 1) the text of the statute, 2) the nature of the element at issue, 3) the legislative history of the statute, and 4) whether proof of the mental state would frustrate the purpose of the statute.
Area(s) of Law:- Criminal Procedure
State v. Rodriguez
Under Article I, Section 12 of the Oregon Constitution, Miranda warnings are required when a person is in custody or subjected to compelling circumstances equivalent to custody.
Area(s) of Law:- Criminal Procedure
Lum v. Lee
A case becomes moot when a court’s decision will no longer have a practical effect on the rights of the parties.
Area(s) of Law:- Family Law
Mohiadeen v. Washington County Sheriff’s Office
An applicant is not eligible for an Oregon concealed handgun license if they have ever been convicted of a felony, unless that conviction was expunged under Oregon law or an equivalent out of state law.
Area(s) of Law:- Criminal Procedure
State v. Pool
There are three prerequisites to an order of restitution: (1) criminal activities, (2) economic damages, and (3) a causal relationship between the two.” State v. Pumphrey, 266 Or App 729, 733, 338 P3d 819 (2014).
Area(s) of Law:- Civil Law
State v. S. G.
A “person with a mental illness” includes someone who suffers from a “mental disorder,” and, as a result of that disorder, is a danger to self. ORS 426.005(1)(f)(A).
Area(s) of Law:- Civil Law