Oregon Supreme Court (2 summaries)
State v. Autele
When a trial court is exercising discretion in denying a defendant’s retained counsel of choice, the burden is on the trial court to make an adequate record of those findings to overcome a defendant’s Article I, section 11 rights.
Area(s) of Law:- Criminal Law
Chung v. Rosenblum
For a ballot measure that substantially impacts current law and practice to be in compliance with ORS 250.035(2)(d), the ballot measure would have to state that it supersedes or overrides current law, must describe current law in more detail, and discuss the comparative provisions of the measure.
Area(s) of Law:- Civil Law
Oregon Court of Appeals (18 summaries)
Cuddigan-Placito v. State Action Insurance Fund
Any person who engages in protected conduct, like opposing discriminatory practices, is not discouraged from doing so by the threat of disparate treatment by their employer. However, there needs to be a causal connection between the protected activity and the alleged unlawful employment practice to make a successful claim.
Area(s) of Law:- Workers Compensation
Palmer v. Olson
The absolute privilege extends to actions taken and statements made in connection with a judicial proceeding.
Area(s) of Law:- Civil Law
State v. Salah
An officer has implied consent to enter a home when the officer would have reasonably understood the occupant’s acts and gestures to amount to consent to enter.
Area(s) of Law:- Criminal Law
Department of Human Services v. J.M.R.
In plain error analysis, the argument on appeal must not be meaningfully different from the argument made in the trial court.
Area(s) of Law:- Juvenile Law
Ferguson Creek Investment v. Lane County
In assessing the lawfulness of a nonconforming use, the moving party has to show that the use was lawfully established before the relevant zoning laws went into effect. If the use was lawfully established, the movant must show that the use had been continuous. The ‘use’ is specific to the building, not the property it is on.
Area(s) of Law:- Land Use
State v. Britt
The business records exception applies when a medical professional testifies to “ordinary diagnostic findings customarily based on objective data,” despite not being the original author. Streight v. Conroy, 279 Or 289, 294-95 (1977).
Area(s) of Law:- Criminal Law
State v. Martinez
Prosecutorial statements that are improper but curable are not appropriate for plain error review. State v. Durant, 327 Or App 363, 365 (2023).
Area(s) of Law:- Criminal Law
Harrison v. Mazza
A court-appointed custody evaluator that is directed to investigate and evaluate the custody situation, and inform the court of the best interests of the child, is under the authority of the court and thus receives judicial immunity.
Area(s) of Law:- Civil Law
State v. Nolan
In circumstances where a police interview is conducted at the accused’s home, the interview lasts just over an hour, the officers apply minimal pressure to the accused, and where the accused is still free to terminate the interview, there are no compelling circumstances under State v. Roble-Baker.
Area(s) of Law:- Criminal Procedure
Petix v. Gillingham
The remedies under the Uniform Fraudulent Transfer Act only apply to claims against transferees or debtors.
Area(s) of Law:- Civil Law
State v. Besson
There is little likelihood that an error affects the trial court’s verdict when the jury would understand that the appellant’s failure to be aware that the property stolen was at least $100 was a gross deviation from the standard of care that a reasonable person would exercise under those circumstances.
Area(s) of Law:- Criminal Law
State v. Murphy
The constitutional right to access public property does not confer an unlimited right of access.
Area(s) of Law:- Criminal Law
State v. Staniford
The physical injury element of fourth-degree assault constituting domestic violence can be met if there is an "impairment of the ordinary function of a body part." State v. Hart, 222 Or App 285, 291 (2009). Additionally, "relatively minimal movement" is sufficient to meet the asportation requirement. State v. Anderson, 329 Or App 754, 758 (2023).
Area(s) of Law:- Criminal Law
State v. Raney
A “defendant's right to confront witnesses may be satisfied…where (1) denial of such confrontation is necessary to further an important public policy and (2) the reliability of the testimony is otherwise assured.”
Area(s) of Law:- Criminal Law
City of Cornelius v. Department of Land Conservation and Development
“Whether a notice of proposed rulemaking substantially complies with…ORS 193.335 must be measured against the purpose of the notice.” Oregon Funeral Directors v. Mortuary and Cemetary Bd, 132 Or App 318, 323 (1995). Additionally, an agency exceeds statutory authority if the rule "departs from a legal standard expressed or implied in the particular law being administered, or contravenes some other applicable statute." Planned Parenthood v. Dept. of Human Res., 297 Or 562, 565 (1984).
Area(s) of Law:- Administrative Law
State v. Cassidy
“Business facility” is a term that can be broadly construed to encompass real property that is used by and is necessary for the operation of a particular business venture.
Area(s) of Law:- Criminal Law
State v. Dikeos
Evidence that possessed an exculpatory value that was apparent before the evidence was destroyed and was of such a nature that it might be expected to play a significant role in the suspect’s defense was material, exculpatory evidence and would thus implicate a defendant’s due process rights.
Area(s) of Law:- Criminal Law
State v. McCombs
A defendant’s statement can only be used to corroborate the defendant’s confession if it is made for some other purpose other than to acknowledge guilt, and if it not so closely related to the confession as to become part of it.
Area(s) of Law:- Criminal Law