Oregon Supreme Court (6 summaries)
Jared v. Harmon
A violation of habitability by a landlord does not permit a tenant to violate their own duties to keep the premises clean and sanitary
Area(s) of Law:- Landlord Tenant
State v. Hernandez-Esteban
It is not within the permissible bounds of discretion for a trial court to do nothing when case specific substantial prejudice has been established
Area(s) of Law:- Criminal Procedure
State v. Logston
Where there is no other limiting authority, a court is permitted under the Oregon Constitution to impose consecutive sentences when the crimes involve different victims, even across separate cases and after a probation revocation.
Area(s) of Law:- Post-Conviction Relief
Delta Airlines, Inc. v. Department of Revenue
A legislative tax classification is constitutional if it is rationally related to a legitimate legislative purpose
Area(s) of Law:- Tax Law
State v. Burton
Absence of evidence may be argued to show reasonable doubt, but evidence that is not in the record with the potential to mislead the jury may not be.
Area(s) of Law:- Evidence
State v. Walsh
A provision in a plea agreement that the court “may impose” consecutive sentences is ambiguous and can mean that the court has the authority to impose consecutive sentences with or without certain statutory findings.
Area(s) of Law:- Post-Conviction Relief
Oregon Court of Appeals (27 summaries)
Oregon Justice Resource Center v. Oregon Department of Corrections
Unless Petitioner's Challenge is to a Current Rule, it is Moot
Area(s) of Law:- Post-Conviction Relief
Zyst v. Kelly
In order to prove ineffective assistance of counsel a party must show that their trial counsel failed to exercise reasonable professional skill and judgment and that they suffered prejudice as a result of their counsel’s inadequacy.
Area(s) of Law:- Post-Conviction Relief
State v. Pine
A defendant must object to contested probation conditions at sentencing if he is aware of them or he otherwise loses the opportunity to raise them on appeal.
Area(s) of Law:- Post-Conviction Relief
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
Murphy v. City of Cannon Beach
A limitation on recreational liability under ORS 105.682 applies if the principal purpose for entry upon the land is for recreational purposes.
Area(s) of Law:- Tort Law
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. 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
Potter v. Baxter
To establish minimum contacts with the State of Oregon, “the [petitioner’s] claims must arise out of or relate to the [respondent’s] contacts with the forum state."
Area(s) of Law:- Civil Procedure
State v. T.J.L.
OYA placement is appropriately ordered by a court when the “best interest” of the youth is taken into consideration alongside the circumstances.
Area(s) of Law:- Juvenile Law
State v. Vinge
A statute does not facially violate the Second Amendment so long as it is consistent with the historical tradition of firearm regulation, such as limitations on concealed carry.
Area(s) of Law:- Constitutional Law
Erickson for Congress Com. v. Salinas for Oregon Com.
For the purposes of ORS 260.532, “a statement that is not false if ‘any reasonable inference can be drawn from the evidence that the statement is factually correct.'”
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. 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
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
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. Mattila
A court may not award restitution for lost wages without evidence proving the causal connection between the ordered restitution and the economic damages resulting from the crime.
Area(s) of Law:- Remedies
State v. N.G.
If a person is a danger to themselves or is unable to meet their basic needs in a way that creates an imminent risk of harm due to their mental illness, that person may be civilly committed.
Area(s) of Law:- Civil Commitment
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. 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
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
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
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
Derby v. Columbia County
Where no special relationship exists and where there is foreseeability, a recovery for a claim of negligence or negligent infliction of emotional distress is possible.
Area(s) of Law:- Tort Law
Land Use Board of Appeals (1 summary)
Save Stafford Road v. Clackamas County
Under ORS 197.015, a Land Use Compatibility Statement (LUCS) that is issued by a local government is not considered a “land use decision” subject to LUBA review if the project is deemed compatible with local regulations and will require further land use review.
Area(s) of Law:- Land Use