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  • Commentaries
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Oregon Case Commentaries

Misstatement of Reasonable Doubt and Improper Jury Influence Constitute Plain Error: State v. Chitwood

Misstatement of Reasonable Doubt and Improper Jury Influence Constitute Plain Error: State v. Chitwood

Date: Oct 21, 2022
Misstatement of Reasonable Doubt and Improper Jury Influence Constitute Plain Error: State v. Chitwood Introduction In the landmark case of State of Oregon v. Nathan Thomas Chitwood, the Supreme...
Establishing Culpable Mental State for Property Value in First-Degree Theft: State v. Shedrick

Establishing Culpable Mental State for Property Value in First-Degree Theft: State v. Shedrick

Date: Oct 7, 2022
Establishing Culpable Mental State for Property Value in First-Degree Theft: State v. Shedrick Introduction In State of Oregon v. John Andrew Shedrick, 370 Or. 255 (2022), the Supreme Court of Oregon...
Culpable Mental State Required for Physical Injury in Assault: Oregon Supreme Court Decision

Culpable Mental State Required for Physical Injury in Assault: Oregon Supreme Court Decision

Date: Mar 4, 2022
Culpable Mental State Required for Physical Injury in Assault: Oregon Supreme Court Decision Introduction In the landmark cases of State of Oregon v. Gina Maree McKinney and State of Oregon v....
Oregon Supreme Court Clarifies Mens Rea Requirements for Result Elements in Second-Degree Assault

Oregon Supreme Court Clarifies Mens Rea Requirements for Result Elements in Second-Degree Assault

Date: Mar 4, 2022
Oregon Supreme Court Clarifies Mens Rea Requirements for Result Elements in Second-Degree Assault Introduction State of Oregon v. Matthew Lee Owen is a pivotal case adjudicated by the Supreme Court...
Affirmation of Reasonable Restitution Based on Comprehensive Evidence Under ORS 137.106

Affirmation of Reasonable Restitution Based on Comprehensive Evidence Under ORS 137.106

Date: Mar 5, 2021
Affirmation of Reasonable Restitution Based on Comprehensive Evidence Under ORS 137.106 Introduction In the landmark case of State of Oregon v. Aguirre-Rodriguez, the Supreme Court of Oregon...
Life Imprisonment with Possibility of Parole for Juveniles: Constitutionally Permissible Under Eighth Amendment

Life Imprisonment with Possibility of Parole for Juveniles: Constitutionally Permissible Under Eighth Amendment

Date: Mar 5, 2021
Life Imprisonment with Possibility of Parole for Juveniles: Constitutionally Permissible Under Eighth Amendment Introduction In the landmark case STATE OF OREGON v. JUSTIN ALAN LINK, the Supreme...
State v. Skillicorn: Reinforcing the Prohibition of Propensity Evidence and Limiting the Doctrine of Chances

State v. Skillicorn: Reinforcing the Prohibition of Propensity Evidence and Limiting the Doctrine of Chances

Date: Jan 15, 2021
State v. Skillicorn: Reinforcing the Prohibition of Propensity Evidence and Limiting the Doctrine of Chances Introduction In State of Oregon v. David John Skillicorn III, the Supreme Court of Oregon...
Oregon Supreme Court Establishes Standards for Jury Instructions Post-Ramos v. Louisiana

Oregon Supreme Court Establishes Standards for Jury Instructions Post-Ramos v. Louisiana

Date: Dec 25, 2020
Oregon Supreme Court Establishes Standards for Jury Instructions Post-Ramos v. Louisiana Introduction The case of State of Oregon v. Zackery Joshua Chorney-Phillips (No. 48 CC 17CR81310 CA A167674 SC...
Oregon Supreme Court Affirms Unanimous Jury Verdicts Post Ramos v. Louisiana

Oregon Supreme Court Affirms Unanimous Jury Verdicts Post Ramos v. Louisiana

Date: Dec 25, 2020
Oregon Supreme Court Affirms Unanimous Jury Verdicts Post Ramos v. Louisiana Introduction The case of State of Oregon v. Charles Wesley Kincheloe (367 Or. 335, 2020) addresses the critical issue of...
Preservation of Error Requirement Upholds Conviction in Light of Ramos v. Louisiana: State v. Dilallo

Preservation of Error Requirement Upholds Conviction in Light of Ramos v. Louisiana: State v. Dilallo

Date: Dec 25, 2020
Preservation of Error Requirement Upholds Conviction in Light of Ramos v. Louisiana: State v. Dilallo Introduction In the landmark case State of Oregon v. Michael James Dilallo, the Supreme Court of...
Unanimity in Jury Verdicts: Analyzing State of Oregon v. Flores Ramos

Unanimity in Jury Verdicts: Analyzing State of Oregon v. Flores Ramos

Date: Dec 25, 2020
Unanimity in Jury Verdicts: Analyzing State of Oregon v. Flores Ramos Introduction State of Oregon v. Isidro Flores Ramos is a seminal case decided by the Supreme Court of Oregon on December 24,...
Unanimous Verdicts Post-Ramos: Insights from State of Oregon v. Ciraulo

Unanimous Verdicts Post-Ramos: Insights from State of Oregon v. Ciraulo

Date: Dec 25, 2020
Unanimous Verdicts Post-Ramos: Insights from State of Oregon v. Ciraulo Introduction State of Oregon v. Ciraulo is a pivotal case adjudicated by the Supreme Court of the State of Oregon on December...
Oregon Supreme Court Establishes Mandatory Criteria for Witness-False-in-Part Instructions

Oregon Supreme Court Establishes Mandatory Criteria for Witness-False-in-Part Instructions

Date: Jul 3, 2020
Oregon Supreme Court Establishes Mandatory Criteria for Witness-False-in-Part Instructions Introduction In State of Oregon v. Isaiah K. Payne, the Supreme Court of Oregon addressed a critical issue...
Reversal of Nonunanimous Verdicts: State of Oregon v. Ulery

Reversal of Nonunanimous Verdicts: State of Oregon v. Ulery

Date: Jun 5, 2020
Reversal of Nonunanimous Verdicts: State of Oregon v. Ulery Introduction In the landmark case of State of Oregon v. Ulery, the Supreme Court of Oregon addressed the constitutionality of nonunanimous...
Merger of Predicate Felonies into Felony Murder Convictions - Martinez v. Cain

Merger of Predicate Felonies into Felony Murder Convictions - Martinez v. Cain

Date: Feb 22, 2020
Merger of Predicate Felonies into Felony Murder Convictions - Martinez v. Cain Introduction Martinez v. Cain, 366 Or. 136 (Supreme Court of Oregon, 2020), presents a pivotal development in Oregon...
Affirmative Defense vs. Equitable Counterclaim: Oregon Supreme Court's Ruling on Unlawful Wage Deductions

Affirmative Defense vs. Equitable Counterclaim: Oregon Supreme Court's Ruling on Unlawful Wage Deductions

Date: Jan 31, 2020
Affirmative Defense vs. Equitable Counterclaim: Oregon Supreme Court's Ruling on Unlawful Wage Deductions Introduction In the landmark case of Rich Jones v. Four Corners Rod and Gun Club, the Supreme...
Validity of Temporary Rules in Energy Facility Siting: Supreme Court Upholds Council's 2019 Temporary Rules

Validity of Temporary Rules in Energy Facility Siting: Supreme Court Upholds Council's 2019 Temporary Rules

Date: Jan 17, 2020
Validity of Temporary Rules in Energy Facility Siting: Supreme Court Upholds Council's 2019 Temporary Rules Introduction The case of Friends of the Columbia Gorge, Oregon Wild, Central Oregon...
Invalidity of Energy Facility Siting Council's Site Certificate Amendment Rules

Invalidity of Energy Facility Siting Council's Site Certificate Amendment Rules

Date: Aug 2, 2019
Invalidity of Energy Facility Siting Council's Site Certificate Amendment Rules Introduction In the landmark case Friends of the Columbia Gorge, Northwest Environmental Defense Center, et al. v....
Supreme Court Upholds DEQ's EPA-Delegated Authority for Suction Dredge Mining Permits under Clean Water Act

Supreme Court Upholds DEQ's EPA-Delegated Authority for Suction Dredge Mining Permits under Clean Water Act

Date: Jul 26, 2019
Supreme Court Upholds DEQ's EPA-Delegated Authority for Suction Dredge Mining Permits under Clean Water Act Introduction The case of Eastern Oregon Mining Association; Guy Michael; and Charles Chase,...
Oregon Supreme Court Upholds Guardianship as a Viable Permanency Solution Without Mandating Termination of Parental Rights

Oregon Supreme Court Upholds Guardianship as a Viable Permanency Solution Without Mandating Termination of Parental Rights

Date: Jun 14, 2019
Oregon Supreme Court Upholds Guardianship as a Viable Permanency Solution Without Mandating Termination of Parental Rights Introduction In the landmark case of In the Matter of R. D. D.-G., a Child....
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