Oregon Case Commentaries

Admissibility of Battered Woman Syndrome Testimony and Prior Acts Evidence in Criminal Trials: STATE v. STEVENS

Date: Dec 18, 1998

Admissibility of Battered Woman Syndrome Testimony and Prior Acts Evidence in Criminal Trials: STATE v. STEVENS (328 Or. 116) Introduction In State of Oregon v. Gary Todd Stevens, the Oregon Supreme...

Establishing Implicit Threats in Third-Degree Robbery: Oregon Supreme Court's Decision in STATE v. HALL

Date: Oct 6, 1998

Establishing Implicit Threats in Third-Degree Robbery: Oregon Supreme Court's Decision in STATE v. HALL Introduction State of Oregon v. Teddy Hall, 327 Or. 568 (1998), represents a pivotal case in...

Limits of Authority in Traffic Stops: Comprehensive Analysis of STATE v. TOEVS

Date: Sep 25, 1998

Limits of Authority in Traffic Stops: Comprehensive Analysis of STATE v. TOEVS Introduction State of Oregon v. Leslie Lee Toevs, 327 Or. 525 (1998), is a landmark decision by the Oregon Supreme Court...

Separate-Vote Requirement in State Constitutional Amendments: Analysis of Armatta et al. v. Kitzhaber et al.

Date: Jun 26, 1998

Separate-Vote Requirement in State Constitutional Amendments: Analysis of Armatta et al. v. Kitzhaber et al. Introduction In the landmark case of Armatta et al. v. Kitzhaber et al., the Oregon...

Oregon Supreme Court Establishes Clear Guidelines for Appellate Attorney Fee Awards under ORS 20.075

Date: Apr 24, 1998

Oregon Supreme Court Establishes Clear Guidelines for Appellate Attorney Fee Awards under ORS 20.075 Introduction The Oregon Supreme Court, in the case of Terry B. McCARTHY, Petitioner on Review, v....

ORS Chapter 419B Insufficient as Substitute for Parental Consent in Adoptions: Oregon Supreme Court in MICHELS v. HODGES

Date: Mar 27, 1998

ORS Chapter 419B Insufficient as Substitute for Parental Consent in Adoptions: Oregon Supreme Court in MICHELS v. HODGES Introduction MICHELS v. HODGES is a landmark decision by the Oregon Supreme...

STULL v. HOKE: Defining the Commencement of Civil Actions for Incarcerated Indigent Plaintiffs

Date: Nov 15, 1997

STULL v. HOKE: Defining the Commencement of Civil Actions for Incarcerated Indigent Plaintiffs Introduction In the landmark case of STULL v. HOKE, the Oregon Supreme Court addressed a pivotal issue...

Shift in Burden of Production Under ORCP 47 C: Analysis of JONES v. GENERAL MOTORS CORPoration

Date: Jun 27, 1997

Shift in Burden of Production Under ORCP 47 C: Analysis of JONES v. GENERAL MOTORS CORPoration Introduction JONES v. GENERAL MOTORS CORPoration, 325 Or. 404 (Oregon Supreme Court, 1997), is a pivotal...

Strict Construction of Restrictive Covenants in Residential Subdivisions: YOGMAN v. PARROTT

Date: May 31, 1997

Strict Construction of Restrictive Covenants in Residential Subdivisions: YOGMAN v. PARROTT Introduction YOGMAN v. PARROTT is a landmark decision by the Oregon Supreme Court that clarifies the...

Mandatory Minimum Sentencing Reinforced: Analysis of State v. Sawyer

Date: Feb 22, 1997

Mandatory Minimum Sentencing Reinforced: Analysis of State of Oregon ex rel Mark Huddleston v. Honorable L.L. Sawyer Introduction The case of State of Oregon ex rel Mark Huddleston v. Honorable L.L....

Oregon Supreme Court Establishes Standards for 'Intrusion Upon Seclusion' in Privacy Torts

Date: Dec 28, 1996

Oregon Supreme Court Establishes Standards for 'Intrusion Upon Seclusion' in Privacy Torts Introduction In the landmark case of Sergio Mauri v. Re et al., the Oregon Supreme Court addressed critical...

State of Oregon v. Marco Antonio Montez, II: Affirmation of Death Sentence Under Revised Sentencing Guidelines

Date: Nov 22, 1996

State of Oregon v. Marco Antonio Montez, II: Affirmation of Death Sentence Under Revised Sentencing Guidelines Introduction State of Oregon v. Marco Antonio Montez, II is a seminal case adjudicated...

Defamation and Contractual Liability Established in Slover v. Oregon State Board of Clinical Social Workers

Date: Nov 21, 1996

Defamation and Contractual Liability Established in Slover v. Oregon State Board of Clinical Social Workers Introduction Slover v. Oregon State Board of Clinical Social Workers is a pivotal case...

Duty of Care in Negligent Misrepresentation: CONWAY v. PACIFIC UNIVERSITY

Date: Oct 12, 1996

Duty of Care in Negligent Misrepresentation: CONWAY v. PACIFIC UNIVERSITY Introduction Case Citation: Patrick W. CONWAY v. PACIFIC UNIVERSITY, 324 Or. 231 (Or. 1996) Court: Oregon Supreme Court Date:...

Admissibility of Victim Impact Evidence in Oregon Capital Cases: Insights from STATE v. GUZEK

Date: Feb 14, 1996

Admissibility of Victim Impact Evidence in Oregon Capital Cases: Insights from State of Oregon v. Guzek Introduction In the landmark case of State of Oregon v. Randy Lee Guzek (322 Or. 245, 1996),...

Oregon Supreme Court Reinforces Standards for Effective Assistance of Counsel in Post-Conviction Relief

Date: Sep 29, 1995

Oregon Supreme Court Reinforces Standards for Effective Assistance of Counsel in Post-Conviction Relief Introduction In the landmark case of Clifford Wayne STEVENS v. STATE OF OREGON, decided on...

McGANTY v. STAUDENRAUS: Establishing Intent Standards in Emotional Distress and Constructive Discharge, and Clarifying Third-Party Liability in Economic Relations

Date: Sep 9, 1995

McGANTY v. STAUDENRAUS: Establishing Intent Standards in Emotional Distress and Constructive Discharge, and Clarifying Third-Party Liability in Economic Relations Introduction McGANTY v. STAUDENRAUS...

Mandatory Book Depreciation in Valuation of Nonprofit Elderly Housing: GANGLE v. DEPARTMENT OF REVENUE Analysis

Date: Aug 10, 1995

Mandatory Book Depreciation in Valuation of Nonprofit Elderly Housing: GANGLE v. DEPARTMENT OF REVENUE Analysis Introduction The case of Jim GANGLE, Lane County Assessor v. DEPARTMENT OF REVENUE and...

Oregon Supreme Court Establishes Admissibility Limits for Horizontal Gaze Nystagmus (HGN) Test in DUII Cases

Date: Jul 8, 1995

Oregon Supreme Court Establishes Admissibility Limits for Horizontal Gaze Nystagmus (HGN) Test in DUII Cases Introduction In the landmark case of State of Oregon v. Albert R. O'Key, decided on July...

Apportionment of Fault Limited to Parties under ORS 18.480: DAVIS v. O'BRIEN

Date: Apr 7, 1995

Apportionment of Fault Limited to Parties under ORS 18.480: DAVIS v. O'BRIEN Introduction The case of DAVIS v. O'BRIEN, adjudicated by the Oregon Supreme Court on April 6, 1995, addresses a pivotal...