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  • Commentaries
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Oregon Case Commentaries

STATE v. BACKSTRAND: Defining ‘Seizure’ in Police Identification Requests under Oregon's Constitution

STATE v. BACKSTRAND: Defining ‘Seizure’ in Police Identification Requests under Oregon's Constitution

Date: Jan 8, 2013
STATE v. BACKSTRAND: Defining ‘Seizure’ in Police Identification Requests under Oregon's Constitution Introduction State of Oregon v. Steven Nicholas Backstrand, 354 Or. 392 (2013) represents a...
Revising Eyewitness Identification Admissibility: Insights from STATE of Oregon v. Lawson and James

Revising Eyewitness Identification Admissibility: Insights from STATE of Oregon v. Lawson and James

Date: Nov 30, 2012
Revising Eyewitness Identification Admissibility: Insights from STATE of Oregon v. Lawson and James Introduction In the landmark decision of STATE of Oregon v. Lawson and James (352 Or. 724), the...
Oregon Supreme Court Clarifies Admissibility of Prior Misconduct Evidence Under OEC 404(3)

Oregon Supreme Court Clarifies Admissibility of Prior Misconduct Evidence Under OEC 404(3)

Date: Oct 19, 2012
Oregon Supreme Court Clarifies Admissibility of Prior Misconduct Evidence Under OEC 404(3) Introduction In State of Oregon v. Douglas Leroy Pitt, decided on October 18, 2012, the Oregon Supreme Court...
Severability and Conditional Effectiveness in Campaign Finance Law: Insights from HAZELL v. BROWN

Severability and Conditional Effectiveness in Campaign Finance Law: Insights from HAZELL v. BROWN

Date: Oct 5, 2012
Severability and Conditional Effectiveness in Campaign Finance Law: Insights from HAZELL v. BROWN Introduction The case of HAZELL v. BROWN, adjudicated by the Supreme Court of Oregon in 2012,...
Discovery Rule Applied to Legal Malpractice Claims: Darell Kaseberg v. Davis Wright Tremaine, LLP

Discovery Rule Applied to Legal Malpractice Claims: Darell Kaseberg v. Davis Wright Tremaine, LLP

Date: Nov 11, 2011
Discovery Rule Applied to Legal Malpractice Claims: Darell Kaseberg v. Davis Wright Tremaine, LLP Introduction Darell Kaseberg v. Davis Wright Tremaine, LLP is a landmark case adjudicated by the...
ORS 138.050 Limits Appellate Jurisdiction to Statutory Maximums: Due Process Claims Insufficient

ORS 138.050 Limits Appellate Jurisdiction to Statutory Maximums: Due Process Claims Insufficient

Date: Sep 23, 2011
ORS 138.050 Limits Appellate Jurisdiction to Statutory Maximums: Due Process Claims Insufficient Introduction Petitioner on Re v. EW (351 Or. 68), decided by the Oregon Supreme Court on September 22,...
Clarifying Affirmative Defense Pleadings in Comparative Negligence: A Commentary on LASLEY v. COMBINED TRANSPort, Inc.

Clarifying Affirmative Defense Pleadings in Comparative Negligence: A Commentary on LASLEY v. COMBINED TRANSPort, Inc.

Date: Sep 23, 2011
Clarifying Affirmative Defense Pleadings in Comparative Negligence: A Commentary on LASLEY v. COMBINED TRANSPort, Inc. Introduction LASLEY v. COMBINED TRANSPort, Inc. is a pivotal 2011 decision by...
Stare Decisis and Insurance Policy Exclusions: Farmers Insurance Co. of Oregon v. Mowry

Stare Decisis and Insurance Policy Exclusions: Farmers Insurance Co. of Oregon v. Mowry

Date: Sep 10, 2011
Stare Decisis and Insurance Policy Exclusions: Farmers Insurance Co. of Oregon v. Mowry Introduction In the landmark case of Farmers Insurance Company of Oregon v. Mowry, the Supreme Court of Oregon...
Balancing Premises Warrants and Guest Privacy: Oregon Supreme Court Decision in State v. Bonnie Walker

Balancing Premises Warrants and Guest Privacy: Oregon Supreme Court Decision in State v. Bonnie Walker

Date: Jul 29, 2011
Balancing Premises Warrants and Guest Privacy: Oregon Supreme Court Decision in State v. Bonnie Walker Introduction In the case of State of Oregon v. Bonnie Lou Walker (350 Or. 540, 2011), the Oregon...
Limits on Introducing Non-Evidenced Facts in Closing Arguments: CLER v. PROVIDENCE HEALTH SYSTEM-OREGON

Limits on Introducing Non-Evidenced Facts in Closing Arguments: CLER v. PROVIDENCE HEALTH SYSTEM-OREGON

Date: Dec 31, 2010
Limits on Introducing Non-Evidenced Facts in Closing Arguments: CLER v. PROVIDENCE HEALTH SYSTEM-OREGON Introduction CLER v. PROVIDENCE HEALTH SYSTEM-OREGON is a pivotal decision by the Oregon...
Oregon Supreme Court Abandons Subjective Component of Holmes Seizure Test

Oregon Supreme Court Abandons Subjective Component of Holmes Seizure Test

Date: Dec 10, 2010
Oregon Supreme Court Abandons Subjective Component of Holmes Seizure Test Introduction In the case of Levi Juddson Whitney v. Nicole Ray Whitney (349 Or. 297), the Oregon Supreme Court addressed...
Court of Appeals Establishes Strict Standards for Juvenile Dependency Jurisdiction in Cases of Parental Substance Abuse

Court of Appeals Establishes Strict Standards for Juvenile Dependency Jurisdiction in Cases of Parental Substance Abuse

Date: Jul 29, 2010
Court of Appeals Establishes Strict Standards for Juvenile Dependency Jurisdiction in Cases of Parental Substance Abuse Introduction In the landmark case of In the Matter of K.A.M., a Child, decided...
Oregon Supreme Court Establishes Rigorous Standards for Expert Testimony in Child Sexual Abuse Cases

Oregon Supreme Court Establishes Rigorous Standards for Expert Testimony in Child Sexual Abuse Cases

Date: Jun 5, 2010
Oregon Supreme Court Establishes Rigorous Standards for Expert Testimony in Child Sexual Abuse Cases Introduction In State of Oregon v. Lupoli, 348 Or. 346 (2010), the Oregon Supreme Court addressed...
Oregon Supreme Court Establishes Strict Limits on Traffic Stop Extensions under Article I, Section 9

Oregon Supreme Court Establishes Strict Limits on Traffic Stop Extensions under Article I, Section 9

Date: Feb 12, 2010
Oregon Supreme Court Establishes Strict Limits on Traffic Stop Extensions under Article I, Section 9 Introduction In the landmark decision of State of Oregon v. Michael K. Rodgers and Anthony Douglas...
Oregon Supreme Court Sets Precedent on Admissibility of Child Sexual Abuse Diagnoses

Oregon Supreme Court Sets Precedent on Admissibility of Child Sexual Abuse Diagnoses

Date: Oct 2, 2009
Oregon Supreme Court Sets Precedent on Admissibility of Child Sexual Abuse Diagnoses Introduction In the landmark case of State of Oregon v. Kermit Eugene Southard, decided by the Oregon Supreme...
Proportionality of Mandatory Sentences in Sexual Abuse Cases Under Oregon Constitution

Proportionality of Mandatory Sentences in Sexual Abuse Cases Under Oregon Constitution

Date: Sep 25, 2009
Proportionality of Mandatory Sentences in Sexual Abuse Cases Under Oregon Constitution Introduction In the landmark cases of State of Oregon v. Veronica Rodriguez and State of Oregon v. Darryl...
Defining 'Secret Confinement' and Merger of Sexual Abuse Charges in STATE v. PARKINS

Defining 'Secret Confinement' and Merger of Sexual Abuse Charges in STATE v. PARKINS

Date: Jun 26, 2009
Defining 'Secret Confinement' and Merger of Sexual Abuse Charges in STATE v. PARKINS Introduction State of Oregon v. Steven Donald Parkins, 346 Or. 333 (2009), is a pivotal case adjudicated by the...
Mere Inaction Not Constitutive of 'Physical Interference or Obstacle' under ORS 162.235: STATE v. GAINES

Mere Inaction Not Constitutive of 'Physical Interference or Obstacle' under ORS 162.235: STATE v. GAINES

Date: May 1, 2009
Mere Inaction Not Constitutive of 'Physical Interference or Obstacle' under ORS 162.235: STATE v. GAINES Introduction In State of Oregon v. Artissa Dehonda Gaines, the Oregon Supreme Court addressed...
State of Oregon v. Michael Andre Davis: Upholding Death Sentence amidst Due Process Considerations and Evidentiary Integrity

State of Oregon v. Michael Andre Davis: Upholding Death Sentence amidst Due Process Considerations and Evidentiary Integrity

Date: Jan 1, 2009
State of Oregon v. Michael Andre Davis: Upholding Death Sentence amidst Due Process Considerations and Evidentiary Integrity Introduction The case of State of Oregon v. Michael Andre Davis centers...
Oregon Supreme Court Clarifies Jury Trial Rights on Executory Accords and Reaffirms Entitlement to Prejudgment Interest in Settlement Disputes

Oregon Supreme Court Clarifies Jury Trial Rights on Executory Accords and Reaffirms Entitlement to Prejudgment Interest in Settlement Disputes

Date: Sep 19, 2008
Oregon Supreme Court Clarifies Jury Trial Rights on Executory Accords and Reaffirms Entitlement to Prejudgment Interest in Settlement Disputes Introduction In McDowell Welding Pipefitting, Inc. v....
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