Gutale v. State of Oregon
The Court has made clear "that a ground for relief reasonably could have been raised under one of two circumstances: (1) when the ground for relief was known or (2) when the ground for relief was reasonably available, despite not being known." Verduzco v. State of Oregon, 357 Or 553, 566, 355 P3d 902 (2015).
Area(s) of Law:- Post-Conviction Relief
Perez-Rodriguez v. State of Oregon
The 鈥渆scape clause鈥 of the statute of limitations in the Post-Conviction Relief Act must be 鈥渃onstrued narrowly鈥 and only applies in 鈥渆xtraordinary circumstances.鈥 Bartz v. State of Oregon, 314 Or 353, 839 P2d 217 (1992).
Area(s) of Law:- Post-Conviction Relief
State v. Edmonds
Law enforcement records are generally not admissible under the "business records exception" in criminal cases because it supports the conclusion that, under the Oregon Evidence Code, 鈥渟ection [803](6) does not open a back door for evidence excluded by section [803](8)鈥. United States v. Oates, 560 F2d 45 (2d Cir 1977). United States v. Cain, 615 F2d 380 (5th Cir 1980).
Area(s) of Law:- Criminal Law
State v. McColly
鈥淭o establish that Defendant had been 鈥榬eleased from custody鈥 for purposes of second-degree failure to appear, the state [is] required to prove (1) the imposition of actual or constructive restraint by a peace officer, pursuant to an arrest or court order, amounting to 鈥榗ustody,鈥 ORS 162.135(4); and, then, (2) that Defendant had been released from that custody, by court order, under a release agreement and upon an appearance condition.鈥 State v. McColly, 364 Or 464, 488 (2019).
Area(s) of Law:- Criminal Law
Shriner's Hospital for Children v. Cox
Pursuant to ORCP 21 G(1), 鈥渄efenses of lack of personal jurisdiction and insufficient or improper service will be 鈥榳aived鈥 if a defendant does not assert them in a timely fashion. See ORCP 21 G(1) (providing that a defendant will waive those defenses if they are not raised either in an ORCP 21 motion or in the first responsive pleading).
Area(s) of Law:- Civil Law
State v. Banks
"Article I, section 9, of the Oregon Constitution prohibits unreasonable searches and seizures of 'persons'" and "a search of one's breath is protected under that provision." State v. Newton, 291 Or 788, 800, 636 P2d 393 (1981), overruled on other grounds by State v. Spencer, 305 Or 59, 750 P2d 147 (1988).
Area(s) of Law:- Criminal Procedure
State v. Taylor
鈥淭he 鈥榞uarantee of trial by an 鈥渋mpartial jury鈥 means trial by a jury that is not biased in favor of or against either party, but is influenced in making its decision only by evidence produced at trial and legal standards provided by the trial court.鈥欌 State v. Amini, 331 Or 384, 391, 15 P3d 541 (2000).
Area(s) of Law:- Constitutional Law