Oregon Court of Appeals (8 summaries)
State v. Crook County
When determining whether someone has a common law vested right to complete a building project in compliance with Ballot Measure 37, the cost of completion must be established in the record and cannot be assumed.
Area(s) of Law:- Land Use
Avanti Press, Inc. v. Employment Department Tax Section
The test for unemployment taxes under ORS 670.600 is whether the contracted party controls their 鈥渕eans and manner鈥 of their performance or if there are more generalized instructions on how to produce the desired results.
Area(s) of Law:- Employment Law
Portland Police Association v. City of Portland
If a collective bargaining agreement (CBA) unambiguously makes the parties鈥 dispute subject to a grievance procedure involving arbitration, any ambiguity with respect to which subjects are arbitrable under the CBA is resolved in favor of arbitrability.
Area(s) of Law:- Labor Law
Department of Human Services v. C.L.C.
Evidence of irresponsibility, dishonesty, and instability that demonstrate a parent鈥檚 inability to provide proper care for his or her children over an extended period of time can be sufficient to show that the parent鈥檚 mental health issues were seriously detrimental to the children at the time of trial for the purposes of terminating parental rights.
Area(s) of Law:- Juvenile Law
Galloway v. Nooth
When post-conviction relief is granted by a showing that defendant鈥檚 trial attorney did not sufficiently investigate issues surrounding the lethality of defendant鈥檚 actions, as required element of a crime, only those crimes which require intent may be overturned. Defendant鈥檚 other convictions that do not require proof of intent are otherwise still valid.
Area(s) of Law:- Post-Conviction Relief
State v. Newman
Driving under the influence of intoxicants is a strict liability offense, and evidence of mental state will be excluded.
Area(s) of Law:- Evidence
State v. Paul William Schneider
Unless the lease agreement specifies otherwise, a tenant has authority to invite guests to the common area of the property; even if the guest has been issued a written 鈥渘otice of exclusions鈥 by the property management, which would ordinarily make the guest liable for trespass.
Area(s) of Law:- Criminal Law
State v. Grierson
A letter from the district attorney鈥檚 office advising defendant of an arraignment date does not satisfy the commencement of prosecution for statute of limitation purposes under ORS 131.135.
Area(s) of Law:- Criminal Law