9th Circuit Court of Appeals (1 summary)
Doe v. Webgroup Czech Republic
Ninth Circuit Expands Jurisdiction Over Foreign Websites Hosting Exploitative Content Under Rule 4(k)(2)
Area(s) of Law:- Civil Procedure
Oregon Court of Appeals (15 summaries)
Jack Scott Farms, Inc. v. Dept. of State Lands
A jurisdictional determination by a state agency must be supported by substantial evidence and substantial reason under ORS 183.482(8).
Area(s) of Law:- Administrative Law
State v. Akers
A defendant’s request to waive counsel must be clear and unequivocal. State v. Groff, 306 Or App 40, 45, 472 P3d 812 (2020).
Area(s) of Law:- Criminal Procedure
Klemp v. Andrach
Under ORS 107.106 and ORS 107.820, a trial court must address life insurance as security for child support but has discretion not to order it.
Child support obligations are a rebuttable presumption if the obligated parent presents probative evidence that the guideline amount is unjust or inappropriate. ORS 25.280.
- Family Law
Neice v. Prosper Portland
LUBA lacks common law jurisdiction under ORS 197.850(9)(a) without a significant impact on land use.
Area(s) of Law:- Land Use
Dept. of Human Services v. L. P.
ORS 419B.500 requires that parental rights be terminated when clear and convincing evidence shows the parent is unfit, and termination is in the best interests of the child.
Area(s) of Law:- Juvenile Law
Barrett v. Board of Parole
ORS 144.079 and ORS 144.783 provide that the Board of Parole and Post-Prison Supervision can sum and unsum consecutive prison terms only if none of the crimes involved is aggravated murder.
Area(s) of Law:- Parole and Post-Prison Supervision
Dept. of Human Services v. M.A.Z.
Under ORS 419B.476(2)(a), a court may change a child’s permanency plan from reunification to guardianship if DHS makes reasonable efforts toward reunification and the parent's progress remains insufficient.
Area(s) of Law:- Family Law
State v. Muñiz
Prosecutorial misconduct occurs when statements divert the jury from deciding the case based on the evidence by introducing emotional or improper bias. State v. Chitwood, 370 Or 305, 518 P3d 903 (2022).
Area(s) of Law:- Criminal Procedure
State v. Puckett
ORS 138.105(4)(a) limits appellate review of new trial motions to those based on juror misconduct or newly discovered evidence.
Area(s) of Law:- Criminal Procedure
State v. Wicks
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.” State v. Maciel-Figueroa, 361 Or 163, 165, 389 P3d 1121 (2017).
That inference must be “objectively reasonable in light of the totality of the circumstances known to the officer.” State v. Bradley, 329 Or App 736, 741, 542 P3d 56 (2023).
- Traffic Infractions
Lowes v. Thompson
Oregon’s anti-SLAPP statute ORS 31.150 protects free speech in public matters, but these rights can be waived by contract.
Area(s) of Law:- First Amendment
State v. Slay
Under OEC 403, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.
Area(s) of Law:- Evidence
Ward and Ward
In “exceptional cases” the Court will undertake de novo review of a trial court’s decision, applying the factors described in ORAP 5.40(8)(d). Dept. of Human Services v. D.W.M., 296 Or App 109, 111, 437 P3d 1186 (2019) (citing ORAP 5.40(8)(c)).
Area(s) of Law:- Appellate Procedure
State v. Biggs
"Testimony by a witness with knowledge that a matter is what it is claimed to be" is sufficient to authenticate evidence. OEC 901(2)(a).
Area(s) of Law:- Evidence
State v. Snyder
A continuance is only warranted if unanticipated circumstances come about from a discovery violation. State v. Sassarini, 300 Or App 106, 117, 452 P3d 457 (2019).
Area(s) of Law:- Criminal Procedure