Ingle v. Matteucci
The escape clause of Oregon's post-conviction relief statute allows Petitioner to apply for relief outside the two-year statutory period if the ground for relief "could not reasonably have been raised" within those two years. ORS 138.510(3). The escape clause is intended to ask not “whether a petitioner conceivably could have raised the grounds for relief,” but “whether the petitioner reasonably could have raised those grounds.” Verduzco v. State of Oregon, 357 Or 553, 555 n 1 (2015). Schizophrenia and forced medication made it unreasonable to expect Petitioner to have filed a timely petition.
Area(s) of Law:- Post-Conviction Relief
Larsen v. Selmet, Inc.
The standard for ORCP 26 A is that leave to amend should be granted unless allowing the amendment would be unfairly prejudicial to the nonmoving party. Eklof v. Perrson, 369 Or 531, 538 (2022).
Area(s) of Law:- Civil Procedure
D.E. Shaw Renewable Investments v. Dept. of Rev.
ODOR's general authority under ORS 306.115(1) to correct errors in valuation must give way to the specific prohibition in ORS 308.624(4).
Area(s) of Law:- Tax Law
Martineau v. McKenzie-Willamette Medical Center
The Court grants Plaintiff's petition for reconsideration of their earlier decision in Martineau v. McKenzie-Willamette Medical Center, 371 Or 247, 533 P3d 1 (2023).
Area(s) of Law:- Appellate Procedure