44 results for 'court:"Oregon Supreme Court"'.
J. James finds the Appeals Court erred by ruling defendant’s assignment of error was preserved. “The preemptive objection in this case did not serve the practical interests of preservation with respect to the arguments raised on appeal.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: May 16, 2024, Case #: S070410, Categories: Criminal Procedure, Firearms
J. Garrett finds the ballot title prepared for Legislative Referral 403 (2024) (LR 403), which would amend ORS chapter 254 to require “ranked choice voting,” is inaccurate. The ballot title caption for a referred state measure must identify the subject matter of the measure. Referred to the Attorney General for modification.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 16, 2024, Case #: S070879, Categories: Elections, Government
J. James finds the Appeals Court erred in ruling that defendant’s motion for mistrial on confrontation grounds was untimely and therefore unpreserved because he filed it during the interim time between the end of the trial proceedings one week and the start of proceedings the following week. “Neither the state at trial, nor the trial court, claimed surprise or asserted that the timing of defendant’s motion for a mistrial prevented a fair adjudication on the merits.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: May 16, 2024, Case #: S070057, Categories: Confrontation, Firearms
J. Flynn finds the Court of Appeals erred in dismissing defendant’s appeal based on concerns that the state would suffer delay-based prejudice in any retrial. “Although this court has long held that appellate courts possess the inherent authority to dismiss an appeal when the criminal defendant is a current fugitive, we have not endorsed the ‘former fugitive doctrine.’” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 9, 2024, Case #: S069880, Categories: Sentencing, Dui
J. Garrett finds the Governor erred by revoking the previous Governor’s commutation of one of defendant's sentences. “Because plaintiff had finished serving all of her sentences when the Governor revoked the conditional commutation, the Governor lacked authority, under the terms of the commutation.” Reversed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 8, 2024, Case #: S071034, Categories: Sentencing, Theft
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J. Flynn finds the Court of Appeals properly reversed the trial court’s judgment excluding hospitals from drug liability. “A hospital that supplies and administers a dangerously defective drug in conjunction with providing a healthcare service can be a ‘seller’ that is ‘engaged in the business of selling’ for purposes of liability.” Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 2, 2024, Case #: S070082, Categories: Health Care, Product Liability
J. James dismisses an alternative writ by a company related to the closure of a university in Portland after the company entered into a 20-year administrative services agreement to share costs and tuition revenue to grow the university's educational programs. “HotChalk has not established that the normal appellate process would not constitute a plain, speedy, and adequate remedy in this case.”
Court: Oregon Supreme Court, Judge: James, Filed On: May 2, 2024, Case #: S069765, Categories: Education, Evidence
J. Garrett finds the Energy Facility Siting Council properly granted a site certificate allowing a company to construct a wind energy facility in Umatilla County. “Compliance with local land use regulations is one way for a facility to demonstrate compliance with statewide planning goals, but it is not the only way.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: April 18, 2024, Case #: S070517, Categories: Zoning
J. DeHoog finds Court of Appeals erred by concluding that selling stolen items on eBay constitutes a computer crime. “A person does not violate [the law] merely by permissibly using an online platform such as eBay in the course of committing a theft, whether theft by receiving or some other form of theft.” Reversed.
Court: Oregon Supreme Court, Judge: DeHoog, Filed On: April 11, 2024, Case #: S069578, Categories: Theft
J. Masih finds the Appeals Court properly affirmed the juvenile court judgment changing a permanency plan from reunification to guardianship. Evidence supports the legal conclusion that the mother’s progress was insufficient to make the child’s safe return home possible. Affirmed.
Court: Oregon Supreme Court, Judge: Masih, Filed On: March 28, 2024, Case #: S069996, Categories: Family Law
J. Bushong finds the Appeals Court erred in concluding that its denial of defendant’s challenge for cause prejudiced defendant. “Error did not interfere with defendant’s right to a fair trial before impartial jurors, and whatever impact the error may have had on how defendant used his peremptory challenges did not prejudice him in respect to a substantial right.” Reversed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: March 21, 2024, Case #: S070188, Categories: Domestic Violence
J. Garrett finds the post-conviction court properly declined to remand defendant’s capital murder case for resentencing after recent changes to the law. “Governor’s commuted sentence became the operative sentence, as though it had been the sentence originally imposed, and, as a result, petitioner is not entitled to relief concerning the judicially imposed sentence that had been the focus of the post-conviction court’s inquiry.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: March 14, 2024, Case #: S070162, Categories: Murder, Sentencing
J. James finds the Appeals Court erred in affirming a trial court ruling for one provision of a contract as it relates to liability. “To waive tort liability, contract language must be clear and explicit; waiver will not simply be deduced from inference or implication.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: March 7, 2024, Case #: S070083, Categories: Product Liability, Contract
J. Flynn finds that the Appeals Court properly affirmed the trial court's conclusion that the evidence supported punitive damages but that imposing $10 million in punitive damages would violate the apartment complex’s due process rights. The trial court correctly determined that the maximum amount of punitive damages that due process would permit on this record is nine times the amount of compensatory damages awarded by the jury against each defendant. Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: February 15, 2024, Case #: S069417, Categories: Damages, Negligence, Due Process
Per curiam, the Supreme Court finds that after Ballot Measure 113 passed, the secretary of state properly applied the disqualification of any state legislator who accrues 10 or more unexcused absences during a legislative session to a legislator’s next term of office. “Voters…understood the disqualification to apply to the term of office immediately following the term in which a legislator accrued 10 or more unexcused absences."
Court: Oregon Supreme Court, Judge: Per curiam, Filed On: February 1, 2024, Case #: S070456, Categories: Elections
J. Walters finds the Appeals Court properly overturned the trial court’s dismissal of an individual's negligence claim after her husband was accidentally shot and killed on a camping trip and struck her claim for emotional distress damages. “Plaintiff has pleaded facts sufficient to give rise to a legally cognizable common-law negligence claim for emotional distress damages.” Reversed.
Court: Oregon Supreme Court, Judge: Walters, Filed On: December 29, 2023, Case #: S069409, Categories: Negligence, Emotional Distress, Firearms
J. Bushong finds the trial court erred by sentencing defendant as a dangerous offender “using old PSI and psychological evaluation reports, because the statute required the court to consider new reports prepared for this case.” Reversed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: December 21, 2023, Case #: S069918, Categories: Sentencing, Assault
J. James finds communications between a client and an attorney, made for the purpose of facilitating the rendition of professional legal services to the client, are presumptively confidential, and the client’s mere use of an employer’s email system, without more, does not overcome that presumption. A peremptory writ of mandamus shall issue.
Court: Oregon Supreme Court, Judge: James, Filed On: December 21, 2023, Case #: S069796, Categories: Communications
J. Flynn finds that, in these consolidated juvenile dependency cases, parents challenge judgments of the juvenile court that changed the “placement preference” for parents’ children from mother’s home to “foster care” of substitute care outside of the home, the Appeals Court erred in denying the claims. “The ‘some speculation’ standard that the Court of Appeals employed incorrectly excused DHS from its burden to prove that resolution of the appeals would have no practical effect on parents’ rights.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: December 7, 2023, Case #: S070051, Categories: Family Law
J. Balmer finds the trial court erred in a judgment involving the parentage of a child conceived through assisted reproductive technology (ART). While the egg donor’s connection to the child does not establish legal parentage, the donor “may have contracted with [the father] for certain non-parental rights.” Reversed.
Court: Oregon Supreme Court, Judge: Balmer, Filed On: November 28, 2023, Case #: S068780, Categories: Family Law
J. Flynn finds the Appeals Court erred by reversing the trial court’s limited judgment because the law firm clients’ losses were purely financial. “The legislature intended the phrase 'negligent injury to person or property'…to include negligence claims seeking to recover for the kind of injury to economic interests that plaintiffs have alleged.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: November 28, 2023, Case #: S069442, Categories: Property, Damages, Negligence
J. Bushong finds the Appeals Court erred in ruling that the victim was unable to show that disclosure was “necessary to serve a legitimate need” of the requesting party. “We reject the Court of Appeals’ interpretation of what is necessary to serve a victim’s legitimate need and conclude that the juvenile court in this case acted within the range of discretion granted by the statute in ordering disclosure to the victim.” Reversed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: November 17, 2023, Case #: S069912, Categories: Juvenile Law
J. Garrett the trial court erred by applying the breach-of-duty exception to communications beyond the scope of the law. “The breach-of-duty exception applies only to communications between the parties directly involved in the alleged breach.” Reversed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: October 19, 2023, Case #: S069766, Categories: Attorney Discipline
J. Duncan finds the Appeals Court erred by affirming a trial court decision to permit evidence resulting from a police interrogation that defendant asserted police conducted in compelling circumstances without first advising her of her Miranda rights. The interrogation occurred after police officers interrupted a mandatory meeting between defendant and her probation officer in the probation officer’s office in a secured building, which defendant could not leave without her probation officer’s permission and assistance, and police told defendant to stay in the office while accusing her of new crimes. “Altogether, those circumstances were compelling.” Reversed.
Court: Oregon Supreme Court, Judge: Duncan, Filed On: October 19, 2023, Case #: S069360, Categories: Evidence, Miranda
J. Bushong finds the Appeals Court erred by affirming the trial court’s denial of an individual's motion to substitute the bankruptcy trustee as the plaintiff and dismissed the case based on its conclusion that the individual's attempt to pursue this action in her own name was not an “honest and understandable mistake.” Reversed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: October 12, 2023, Case #: S069895, Categories: Bankruptcy
J. Duncan finds the Appeals Court erred in affirming the post-conviction court’s determination that defendant's mental impairments were irrelevant to whether the escape clause applied. “Petitioner’s allegations, if true, are sufficient to support application of the escape clause.” Reversed.
Court: Oregon Supreme Court, Judge: Duncan, Filed On: October 12, 2023, Case #: S069222, Categories: Sentencing, Commitment
J. Bushong finds the tax court properly determined that ORS 308.624(4) precluded the Department of Revenue from reducing the assessed value of taxpayer’s property for earlier years. “The department’s general authority…to correct errors in valuation must give way to the specific prohibition.” Affirmed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: October 5, 2023, Case #: S069563, Categories: Tax