Oregon Court of Appeals (23 summaries)
Aleali v. City of Sherwood
A deficiency in pre-hearing notice invoking delayed appeal rights, under ORS 197.830(3), is determined solely by state law procedures, and not by local law.
Area(s) of Law:- Land Use
State v. Licari
A denial for a continuance is measured on an abuse of discretion standard, while looking at the particular circumstances of the case and the reasons presented to the court at the time of denial.
Area(s) of Law:- Criminal Procedure
Head v. Head
The court may not grant relief in the form of modifying a trust instrument's terms, if modification was not reasonably contemplated by the parties and substantially departs from the pleadings and legal theories.
Area(s) of Law:- Trusts and Estates
Gambee v. Oregon Medical Board
Under ORS 677.190(1)(b)(A), a doctor that puts his/her patients at a risk of harm greater than the standard treatment does not qualify as “alternative medical treatment.”
Area(s) of Law:- Administrative Law
Stevens v. City of Island City
Under ORS 197.835(9)(a)(C), LUBA can only reverse or remand the decision of the local government if the decision is not supported by substantial evidence in the record.
Area(s) of Law:- Land Use
State v. Ramirez-Estrada
If it is plausible that the defense counsel did not object to inadmissible testimony as a strategic decision, the trial court's failure to take corrective action is not plain error.
Area(s) of Law:- Evidence
State v. Anderson
Under Article I, Section 9 of the Oregon Constitution, to have probable cause in a traffic stop, the officer must (1) subjectively believe a violation has occurred, and (2) that belief must be objectively reasonable under the circumstances.
Area(s) of Law:- Criminal Procedure
Dept. of Human Services v. L.A.S.
Under ORS 419B.476, there is no requirement that the juvenile court consider whether a child can be safely returned to the parent within a reasonable time, before changing a permanency plan from reunification to adoption.
Area(s) of Law:- Juvenile Law
Hale v. Belleque
Relief cannot be granted for a claim that is not alleged in the petition and not litigated by the post-conviction court. Petitioner does not need to show evidence of prejudice if the trial court fails to give a proper concurrence instruction.
Area(s) of Law:- Post-Conviction Relief
Aguilar v. Employment Dept.
To receive unemployment benefits, the "good cause" standard is determined as whether a reasonable person would have considered the circumstances to be sufficiently grave that he or she had no alternative but to resign.
Area(s) of Law:- Employment Law
Dept. of Human Services v. D.W.C.
To change a permanency plan from reunification to guardianship, the parent must fail to make sufficient progress in his or her relationship with the child to remove the jurisdictional basis.
Area(s) of Law:- Juvenile Law
State v. Alvarado
Under ORS 166.450, the phrase "presumptive evidence" is not that same as a rebuttable presumption, and does not shift the burden of proof to the Defendant. Additionally, reasonable suspicion is determined at the time the traffic stop is improperly extended, and does not include factors that arise after the unlawful extension.
Area(s) of Law:- Criminal Law
ODOT v. Singh
Under the requirements in ORS 35.346, just compensation for damages resulting from a condemnation action need to be calculated based on specified terms promised in the agreement.
Area(s) of Law:- Property Law
State v. Ross
For a passenger to be seized during a traffic stop, the officer must use physical force or a show of authority directed at the defendant, specifically.
Area(s) of Law:- Criminal Procedure
State v. Erb
Under Article I, Section 11, of the Oregon Constitution, a waiver of the right to counsel must be voluntarily and intelligently made.
Area(s) of Law:- Criminal Procedure
State v. Reed
Under ORS 161.067, the antimerger statute applies if the criminal violations were (1) completed before the next violation began, and (2) there was a significant pause between each attempt, affording the defendant the opportunity to renounce his criminal intent.
Area(s) of Law:- Criminal Law
Dept. of Human Services v. M.E.
Under ORS 419B.100(1)(c), the juvenile court has jurisdiction when conditions and circumstances are such that the welfare of the children is endangered. The trial court's decision is reviewed de novo, and is measured by the totality of the circumstances.
Area(s) of Law:- Juvenile Law
Campbell v. State
An inmate is not eligible to receive "good time" credit for his first sentence, under ORS 421.120, when he is serving consecutive sentences. Also, a date set for when an inmate is eligible for parole is not a reduction of his sentence.
Area(s) of Law:- Parole and Post-Prison Supervision
State v. Davis
Under ORS 813.150, a defendant has a statutory right to request an independent blood test and be given a reasonable opportunity to obtain that test. Once the request is made, the police officer cannot prevent or hinder the ability of the defendant to obtain the test, however there is no affirmative obligation to help the defendant do so.
Area(s) of Law:- Criminal Procedure
State v. Cespedes-Rodriquez
Under ORS 161.200, after a defendant raises a 'choice of evils' defense, the state must disprove that defense beyond a reasonable doubt. The defense can be disproved if the defendant had the intent to act illegally before the imminent threat of safety existed.
Area(s) of Law:- Criminal Law
A & E Security and Electronic Solutions, Inc. v. Fortalesa, Inc.
Under ORS 20.083, attorney fees may be awarded under provisions in a rescinded contract. ORS 20.083 was enacted to restore full reciprocity for awarding attorney fees and it is not limited by the examples in the explanatory clause.
Area(s) of Law:- Attorney Fees
State v. Musser
Under ORS 164.245, criminal trespass in the second degree is measured under an objectively reasonable person standard, and under ORS 131.605(6) an officer must have a reasonable suspicion of criminal activity to make a stop. Evidence discovered during an illegal stop is inadmissible.
Area(s) of Law:- Criminal Law
Horton v. Nelson
Under ORS 20.105, a defendant has been wrongly awarded attorney fees as the prevailing party when the trial court erred in dismissing the plaintiff's complaint.
Area(s) of Law:- Attorney Fees