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  • Commentaries
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Oregon Case Commentaries

Clarifying the Boundaries of Pro Se Motions and Successive Post-Conviction Relief: Bogle v. Oregon

Clarifying the Boundaries of Pro Se Motions and Successive Post-Conviction Relief: Bogle v. Oregon

Date: Aug 10, 2018
Clarifying the Boundaries of Pro Se Motions and Successive Post-Conviction Relief: Bogle v. Oregon Introduction In Tracey E. Bogle v. State of Oregon, 363 Or. 455 (2018), the Supreme Court of Oregon...
Unjust Enrichment in Medicaid Fraud: Larisa's Home Care v. Nichols-Shields

Unjust Enrichment in Medicaid Fraud: Larisa's Home Care v. Nichols-Shields

Date: Oct 27, 2017
Unjust Enrichment in Medicaid Fraud: Larisa's Home Care v. Nichols-Shields Introduction Larisa's Home Care, LLC v. Nichols-Shields is a landmark decision by the Supreme Court of Oregon, delivered on...
Union Lumber Co. v. Miller: Reinforcing Service of Documents Under ORCP 9B and Challenges to Excusable Neglect

Union Lumber Co. v. Miller: Reinforcing Service of Documents Under ORCP 9B and Challenges to Excusable Neglect

Date: Jan 21, 2017
Union Lumber Co. v. Miller: Reinforcing Service of Documents Under ORCP 9B and Challenges to Excusable Neglect Introduction The Supreme Court of Oregon delivered a significant ruling in the case of...
Limits on Medicaid Estate Recovery: Invalidity of Department of Human Services' Rule Amendments

Limits on Medicaid Estate Recovery: Invalidity of Department of Human Services' Rule Amendments

Date: Dec 16, 2016
Limits on Medicaid Estate Recovery: Invalidity of Department of Human Services' Rule Amendments Introduction The case Tim Nay, Respondent on Review, v. Department of Human Services, Petitioner on...
Oregon Supreme Court Clarifies Liability Under ORS 124.100(5) for Permitting Abuse of Vulnerable Persons

Oregon Supreme Court Clarifies Liability Under ORS 124.100(5) for Permitting Abuse of Vulnerable Persons

Date: Aug 12, 2016
Oregon Supreme Court Clarifies Liability Under ORS 124.100(5) for Permitting Abuse of Vulnerable Persons Introduction The Supreme Court of Oregon delivered a pivotal decision on August 11, 2016, in...
Espinoza v. Evergreen Helicopters, Inc.: Affirming Forum Non Conveniens as Part of Oregon Law

Espinoza v. Evergreen Helicopters, Inc.: Affirming Forum Non Conveniens as Part of Oregon Law

Date: Apr 15, 2016
Espinoza v. Evergreen Helicopters, Inc.: Affirming Forum Non Conveniens as Part of Oregon Law Introduction In the landmark case of Rosa Aurelia Palacios Espinoza v. Evergreen Helicopters, Inc., the...
Reversal of Child Endangerment Conviction in State v. Gonzalez-Valenzuela: Defining "Maintained or Conducted" Drug Activity

Reversal of Child Endangerment Conviction in State v. Gonzalez-Valenzuela: Defining "Maintained or Conducted" Drug Activity

Date: Dec 25, 2015
Reversal of Child Endangerment Conviction in State v. Gonzalez-Valenzuela: Defining "Maintained or Conducted" Drug Activity Introduction The case of State of Oregon v. Jackelin Gonzalez-Valenzuela...
Clarifying Prejudice Standards in Inadequate Assistance Claims: Green v. Franke

Clarifying Prejudice Standards in Inadequate Assistance Claims: Green v. Franke

Date: Jun 5, 2015
Clarifying Prejudice Standards in Inadequate Assistance Claims: Green v. Franke Introduction In Green v. Franke, the Supreme Court of Oregon addressed critical issues surrounding the inadequate...
Oregon Supreme Court Reinforces Admissibility of 'Other Acts' Evidence in Child Sexual Abuse Cases

Oregon Supreme Court Reinforces Admissibility of 'Other Acts' Evidence in Child Sexual Abuse Cases

Date: Mar 20, 2015
Oregon Supreme Court Reinforces Admissibility of 'Other Acts' Evidence in Child Sexual Abuse Cases Introduction The case of State of Oregon v. Shawn Gary Williams addressed the contentious issue of...
Clarifying 'Reasonable Diligence': Oregon Supreme Court's Interpretation of Employer Liability under OSEA

Clarifying 'Reasonable Diligence': Oregon Supreme Court's Interpretation of Employer Liability under OSEA

Date: Dec 27, 2014
Clarifying 'Reasonable Diligence': Oregon Supreme Court's Interpretation of Employer Liability under OSEA Introduction In the landmark case of Oregon Occupational Safety & Health Division v. CBI...
Oregon Supreme Court Establishes Cable Television and Internet Access as Data Transmission Services Under ORS 308.515

Oregon Supreme Court Establishes Cable Television and Internet Access as Data Transmission Services Under ORS 308.515

Date: Oct 3, 2014
Oregon Supreme Court Establishes Cable Television and Internet Access as Data Transmission Services Under ORS 308.515 Introduction In Comcast Corporation v. Department of Revenue, 356 Or. 282 (2014),...
Enhancing the 'Exploitation' Analysis: Oregon Supreme Court's Landmark Decision in State v. Unger

Enhancing the 'Exploitation' Analysis: Oregon Supreme Court's Landmark Decision in State v. Unger

Date: Aug 29, 2014
Enhancing the 'Exploitation' Analysis: Oregon Supreme Court's Landmark Decision in State v. Unger Introduction In State of Oregon v. Unger, 333 P.3d 1009 (Oregon Supreme Court, 2014), the Supreme...
Establishing Reasonable Suspicion Through Collective Knowledge and Officer Observation: State of Oregon v. Holdorf

Establishing Reasonable Suspicion Through Collective Knowledge and Officer Observation: State of Oregon v. Holdorf

Date: Aug 8, 2014
Establishing Reasonable Suspicion Through Collective Knowledge and Officer Observation: State of Oregon v. Holdorf Introduction State of Oregon v. John Leonard Holdorf, Jr. is a pivotal case decided...
Reaffirming Corroboration Requirements and Courtroom Security in STATE v. Washington (330 P.3d 596)

Reaffirming Corroboration Requirements and Courtroom Security in STATE v. Washington (330 P.3d 596)

Date: Jun 20, 2014
Reaffirming Corroboration Requirements and Courtroom Security in STATE v. Washington (330 P.3d 596) Introduction STATE of Oregon v. Michael Spencer Washington Jr., decided by the Supreme Court of...
Establishing the Scope of Summary Judgment in Negligence and Strict Liability Claims

Establishing the Scope of Summary Judgment in Negligence and Strict Liability Claims

Date: May 9, 2014
Establishing the Scope of Summary Judgment in Negligence and Strict Liability Claims Introduction The case of Linda Two Two and Patricia Fodge v. Fujitec America, Inc. addresses pivotal issues...
Affirmation of Felony-Murder Conviction: Causal Connection and Jury Instruction Standards in STATE v. SERRANO

Affirmation of Felony-Murder Conviction: Causal Connection and Jury Instruction Standards in STATE v. SERRANO

Date: Apr 18, 2014
Affirmation of Felony-Murder Conviction: Causal Connection and Jury Instruction Standards in STATE v. SERRANO Introduction State of Oregon v. Ricardo Serrano, 324 P.3d 1274 (Or. 2014), serves as a...
STATE v. MONTEZ: Affirmation of Adequate Assistance of Counsel in Capital Sentencing

STATE v. MONTEZ: Affirmation of Adequate Assistance of Counsel in Capital Sentencing

Date: Mar 21, 2014
STATE v. MONTEZ: Affirmation of Adequate Assistance of Counsel in Capital Sentencing Introduction In Marco Antonio Montez v. Stanley Czerniak, Superintendent, Oregon State Penitentiary, the Supreme...
ORCP 59 H Does Not Bar Plain Error Review: Comprehensive Commentary on State v. Vanornum

ORCP 59 H Does Not Bar Plain Error Review: Comprehensive Commentary on State v. Vanornum

Date: Dec 28, 2013
ORCP 59 H Does Not Bar Plain Error Review: Comprehensive Commentary on State of Oregon v. Vanornum Introduction State of Oregon v. Ian George Vanornum is a pivotal case decided by the Supreme Court...
Clarification of 'Any Evidence' Standard in Juvenile Wardship Decisions: Department of Human Services v. N.P. (257 Or. App. 633)

Clarification of 'Any Evidence' Standard in Juvenile Wardship Decisions: Department of Human Services v. N.P. (257 Or. App. 633)

Date: Jul 25, 2013
Clarification of 'Any Evidence' Standard in Juvenile Wardship Decisions: Department of Human Services v. N.P. (257 Or. App. 633) Introduction The case of In the Matter of T.P., a Child. Department of...
Seizure of a Person within the Home Context: Establishing Law Enforcement Boundaries in Fair v. State of Oregon

Seizure of a Person within the Home Context: Establishing Law Enforcement Boundaries in Fair v. State of Oregon

Date: Jun 1, 2013
Seizure of a Person within the Home Context: Establishing Law Enforcement Boundaries in Fair v. State of Oregon Introduction The case of State of Oregon v. Natasha Larae Fair revolves around the...
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