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  • Commentaries
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Oregon Case Commentaries

Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post-Conviction Hearing Act

Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post-Conviction Hearing Act

Date: Dec 14, 2025
Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post‑Conviction Hearing Act I. Introduction The Oregon Supreme Court’s decision in Perkins v. Fhuere, 374 Or 575 (2025),...
Ordinary Negligence and Medical Professionals’ Liability to Nonpatients: Commentary on Stone v. Witt, 374 Or 524 (2025)

Ordinary Negligence and Medical Professionals’ Liability to Nonpatients: Commentary on Stone v. Witt, 374 Or 524 (2025)

Date: Dec 14, 2025
Ordinary Negligence and Medical Professionals’ Liability to Nonpatients: Commentary on Stone v. Witt, 374 Or 524 (2025) I. Introduction In Stone v. Witt, 374 Or 524 (2025), the Oregon Supreme Court...
State v. Cortes and the Design‑Based Definition of “Weapons” in Oregon Probation Law

State v. Cortes and the Design‑Based Definition of “Weapons” in Oregon Probation Law

Date: Nov 29, 2025
State v. Cortes and the Design‑Based Definition of “Weapons” in Oregon Probation Law I. Introduction In State v. Cortes, 374 Or 461 (2025), the Oregon Supreme Court resolved a deceptively simple but...
Inventory Searches and Civil Detox Holds under Article I, Section 9: A Commentary on State v. Wilcox (374 Or 498)

Inventory Searches and Civil Detox Holds under Article I, Section 9: A Commentary on State v. Wilcox (374 Or 498)

Date: Nov 29, 2025
Inventory Searches and Civil Detox Holds under Article I, Section 9: A Commentary on State v. Wilcox, 374 Or 498 (2025) I. Introduction The Oregon Supreme Court’s decision in State v. Wilcox, 374 Or...
State v. Blue and the “Genuine Question” Threshold Under Oregon’s Best Evidence Rule

State v. Blue and the “Genuine Question” Threshold Under Oregon’s Best Evidence Rule

Date: Nov 29, 2025
State v. Blue and the “Genuine Question” Threshold Under Oregon’s Best Evidence Rule I. Introduction In State v. Blue, 374 Or 439 (2025), the Oregon Supreme Court squarely addressed, for the first...
Presentence Jail Credit for Unrelated Conduct and While Serving Another Sentence: Oregon Supreme Court Clarifies ORS 137.370(4) in State ex rel Torres-Lopez v. Fahrion

Presentence Jail Credit for Unrelated Conduct and While Serving Another Sentence: Oregon Supreme Court Clarifies ORS 137.370(4) in State ex rel Torres-Lopez v. Fahrion

Date: Nov 16, 2025
Presentence Jail Credit for Unrelated Conduct and While Serving Another Sentence: Oregon Supreme Court Clarifies ORS 137.370(4) Case: State ex rel Torres-Lopez v. Fahrion, Supreme Court of Oregon, en...
Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries

Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries

Date: Oct 30, 2025
Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries Introduction In...
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Date: Oct 18, 2025
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance Introduction In Jared v. Harmon, 374 Or 381 (2025),...
No Contested Hearing Required to Accept Tribal Customary Adoption: Oregon Supreme Court Clarifies ORS 419B.656 and Affirms Tribal–State Shared Roles under ORICWA

No Contested Hearing Required to Accept Tribal Customary Adoption: Oregon Supreme Court Clarifies ORS 419B.656 and Affirms Tribal–State Shared Roles under ORICWA

Date: Sep 27, 2025
No Contested Hearing Required to Accept Tribal Customary Adoption: Oregon Supreme Court Clarifies ORS 419B.656 and Affirms Tribal–State Shared Roles under ORICWA Introduction In Dept. of Human...
ORS 12.125 Contains No Discovery Rule: One-Year Limit for ORLTA and Rental Agreement Claims Runs from Breach or Violation

ORS 12.125 Contains No Discovery Rule: One-Year Limit for ORLTA and Rental Agreement Claims Runs from Breach or Violation

Date: Sep 27, 2025
ORS 12.125 Contains No Discovery Rule: One-Year Limit for ORLTA and Rental Agreement Claims Runs from Breach or Violation Introduction In Hathaway v. B & J Property Investments, Inc., 374 Or 212...
In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension

In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension

Date: Sep 27, 2025
In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension Citation: In re...
No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing

No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing

Date: Sep 27, 2025
No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing Introduction In State v....
Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban

Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban

Date: Sep 27, 2025
Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban Introduction In State v....
WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF

WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF

Date: Sep 27, 2025
WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF Introduction In Teitelman v. SAIF, 374 Or 271 (2025), the...
Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a)

Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a)

Date: Aug 14, 2025
Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a) Introduction Continental Casualty Co. v. Argonaut Ins. Co., 374 Or 144 (2025) (“Continental v....
Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting (East Valley Water v. OWRD, 374 Or 148 (2025))

Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting (East Valley Water v. OWRD, 374 Or 148 (2025))

Date: Aug 14, 2025
Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting Commentary on East Valley Water District v....
State v. Logston (2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation

State v. Logston (2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation

Date: Aug 6, 2025
State v. Logston (374 Or 101, 2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation Introduction State v. Logston presented the Oregon Supreme Court with a narrow, but...
Clarifying Rational-Basis Review in Oregon Tax Classifications:  Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Date: Jul 29, 2025
Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58 - 2025) 1. Introduction Case Background. For decades, Oregon has taxed the...
Jackson v. KA-3 Associates, LLC: Oregon Supreme Court Affirms Landlord Duty to Maintain Common Areas Under ORS 90.320(1)

Jackson v. KA-3 Associates, LLC: Oregon Supreme Court Affirms Landlord Duty to Maintain Common Areas Under ORS 90.320(1)

Date: Jul 22, 2025
Jackson v. KA-3 Associates, LLC: Extending Oregon Landlord Habitability Obligations to Common Areas Under ORS 90.320(1) Introduction Citation: Jackson v. KA-3 Associates, LLC, 374 Or 1 (2025),...
Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections – A Commentary on Lowes v. Thompson, 374 Or 23 (2025)

Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections – A Commentary on Lowes v. Thompson, 374 Or 23 (2025)

Date: Jul 22, 2025
Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections A Comprehensive Commentary on Lowes v. Thompson, 374 Or 23 (2025) 1. Introduction Lowes v. Thompson is the Oregon...
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