January 1 summary
State v. Strain
“[I]t [is] impermissible for the State to comment on [a] defendant’s failure to elicit additional evidence through cross-examination of the State’s witnesses” when doing so conflicts with the proper allocation of the burden of proof. State v. Strain, 374 Or 783, 790 (2026).
Area(s) of Law:- Criminal Procedure
February 0 summaries
March 1 summary
In re Ersoff
A good-faith assertion of a plausible legal position on an open question is not knowingly false under RPC 3.3(a)(1), but a lawyer seeking ex parte administration of an intestate estate must disclose any known, potentially valid will to the judge deciding the petition. A single improper omission violates RPC 8.4(a)(4) only if it causes or risks substantial harm to the administration of justice. In re Ersoff, 375 Or 43, 53-65 (2026).
Area(s) of Law:- Professional Responsibility
April 0 summaries
May 0 summaries
June 1 summary
State v. Ayon-Urbano
Even in criminal cases, “claim[s] of prejudice arising from a denial of discovery [are] reviewable on direct appeal” and generally unfit for resolution through mandamus proceedings.
Area(s) of Law:- Criminal Law