Gould v. Deschutes County
鈥淎 LUBA order is unlawful in substance if it represents a mistaken interpretation of the applicable law.鈥 Kine v. Deschutes County, 313 Or App 370, 370-71, 496 P3d 1136 (2021).
Area(s) of Law:- Land Use
Roriguez v. Union Pac. R.R. Co.
Summary judgment does not present an opportunity to assert a theory of liability that is not in the pleadings. Permapost Products Co. v. Osmose, Inc., 200 Or App 699, 705 (2005).
Area(s) of Law:- Tort Law
State v. C.P.
A victim鈥檚 participatory right under the Oregon Constitution does not encompass a right to discovery, a right to present evidence, a right to cross-examine the adjudicated youth, or the power to, in effect, control the prosecution of the case against the youth.
Area(s) of Law:- Juvenile Law
State v. Escobar
鈥淸E]yewitness identification evidence . . . must include, at minimum, proof under OEC 602 that the proffered eyewitness has personal knowledge of the matters to which the witness will testify, and proof under OEC 701 that any identification is both rationally based on the witness鈥檚 first-hand perceptions and helpful to the trier of fact.鈥 State v. Lawson/James, 352 Or 724 (2012).
Area(s) of Law:- Evidence
State v. N. J. D. A.
Before questioning, police must give Miranda warnings to a person who is in full custody or in circumstances that create a setting which judges would and officers should recognize to be compelling.鈥 State v. Roble-Baker, 340 Or 631, 638, 136 P3d 22 (2006).
Area(s) of Law:- Criminal Procedure
State v. Powell
The court cannot admit evidence if the proponent鈥檚 theory of relevance requires the factfinder to employ propensity reasoning. State v. Skillicorn, 367 Or 464, 479 P3d 254 (2021).
Area(s) of Law:- Criminal Procedure
Farnsworth v. Meadowland Ranches, Inc.
Quiet title was properly granted to Plaintiff because Defendant failed to prove the existence of the easement on the merits. Defendant's strongest argument was denied because Defendant did not provide enough evidence to show, "Meadowland engaged in 鈥渙pen and known鈥 acts of public dedication... that would give rise to an implied dedication."
Area(s) of Law:- Property Law
Fern Hollow Farms, Inc. v. Linn County
Development rights conferred by an authorization under section 6 of Measure 49 are not subject to 鈥渁 land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.鈥 Measure 49, 搂 6(8).
Area(s) of Law:- Land Use
State v. Hamilton
When an issue is not preserved at trial, review of that issue is limited to plain-error review where the error is considered 鈥減lain鈥 if the legal point is obvious, not reasonably in dispute, and the error is apparent on the record without the court having to choose among competing inferences. See ORAP 5.45(1); State v. Vanornum, 354 Or 614, 629 (2013). A trial court has 鈥渄iscretionary authority to revoke probation鈥 based on the 鈥渇inding of a new crime or other violation of the conditions of probation.鈥澨齋tate v. Kelemen, 296 Or App 184 (2019).
Area(s) of Law:- Criminal Law
Allison v. Dolich
Under ORS 659A.030(1), unlawful employment practices occur when 鈥渁ny person, whether an employer or an employee, [] aid[s], abet[s], incite[s], compel[s], or coerce[s] the doing of any [forbidden acts].鈥
Area(s) of Law:- Employment Law
Department of Human Services v. H.K.
When family reunification is the desired outcome for a permanency hearing, DHS must show it 鈥渉as made reasonable efforts for the ward to safely return home.鈥 ORS 419B.476(2)(a). It was not sufficient that DHS only facilitated one in-person family therapy session with the mother.
Area(s) of Law:- Family Law
Garcia-Ascencio v. Gonzalez
A finding that the guidelines support amount is 鈥渦njust or inappropriate鈥 is necessary before a court is authorized to consider rebuttal factors and deviate from the guidelines. St. Sawer and St. Sawer, 196 Or App 175 (2004).
Area(s) of Law:- Family Law
State v. Allen
(1) 鈥淸T]he 鈥榢nowingly鈥 culpable mental state does not apply to the injury element.鈥 State v. Owen, 369 Or 288, 321 (2022). (2) 鈥淸T]he result element鈥攑hysical injury鈥攊n the crime of second-degree assault carries, at a minimum, a culpable mental state of criminal negligence and鈥 trial court errs when it fails to instruct the jury that a defendant must act with a culpable mental state as to the element of causing physical injury. Owen, 369 Or at 321-23.
Area(s) of Law:- Criminal Law
State v. Givens
鈥淥RS 161.370(10) provides for discharge of a defendant who 鈥渞emains committed鈥 under ORS 161.370(9)." Therefore, under ORS 161.370(13) the trial court is not required to dismiss the refiled charges if a defendant is not presently committed to the state hospital.
Area(s) of Law:- Criminal Law
State v. Wallace
鈥淭he ability to consent consists of two related concepts: (1) understanding the nature of sexual conduct and (2) exercising judgment and making choices based on that understanding." Reed, 339 Or at 244.
Area(s) of Law:- Criminal Law
Klamath Irrigation District v. Oregon Water Resources Dept.
Under ORCP 29 B, if, after weighing whether the absent party would be subject to a prejudicial judgment, the extent a prejudicial judgment can be avoided, whether a judgment would be adequate, and whether the Plaintiff has another adequate remedy available, a judgment cannot be made 鈥渋n equity and good conscience,鈥 the party would be indispensable.
Area(s) of Law:- Water Rights
Portland Fire Fighters' Assn. v. City of Portland
Waiving a statutory right requires an 鈥渋ntentional relinquishment or abandonment of a known right or privilege鈥 demonstrated by a clear, unequivocal, and decisive act of the party showing such a purpose.鈥 Waterway Terminals v. P. S. Lord, 242 Or 1, 26, 406 P.2d 556 (1965).
Area(s) of Law:- Contract Law
State v. Dearmitt
ORS 136.765 provides that a sentencing court imposing an upward departure sentence cannot 鈥渞ely on aggravating facts . . . not included either in the indictment or in written notice to the defendant.鈥 State v. Davilla, 280 Or App 43, 62, 380 P3d 1003 (2016).
Area(s) of Law:- Sentencing
State v. Martin
鈥淸T]he doctrine of the law of the case is inapplicable in light of new facts or evidence bearing on the legal issue in question.鈥 State ex rel. Orbanco Real Estate Serv. v. Allen, 720 P.2d 365 (1986).
Area(s) of Law:- Evidence
State v. McCormack/Senter
The听imposition of OAR 635-041-0025(3) to restrict the use of gill nets by treaty fishers fishing in usual and accustomed sites may be beneficial to its conservation interest but not necessary.
Area(s) of Law:- Tribal Law
State v. Williams
For testimony to be admissible, 鈥淸i]t must be relevant OEC 401; it must possess sufficient indicia of scientific validity and be helpful to the jury, OEC 702; and its prejudicial effect must not outweigh its probative value, OEC 403.鈥 State v. Southard, 218 P.3d 104 (Or. 2009).
Area(s) of Law:- Evidence
State v. Yaeger
Overruling Gardner, the Supreme Court stated, 鈥渢he trial court had not determined whether, despite the ultimate validity of the warrant, the State would have inevitably discovered the challenged evidence absent the unlawful seizure of the defendant's residence鈥. State v. DeJong, 368 Or 640, 497 P3d 710 (2021).
Area(s) of Law:- Criminal Law
Unit Owners of Cornell Meadows Condo v. Jensen
鈥淸M]oney judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. A judgment entered on the action does not extinguish the lien.鈥 ORS 100.450(4). This amended statute and the pre-amendment statute do not prevent foreclosure of a lien if a prior personal judgment was made.
Area(s) of Law:- Property Law