Case law

Lipscomb v. State

85 Or. App. 241 · Court of Appeals of Oregon · May 6, 1987

Defendants are the State Board of Higher Education, the Department of Higher Education (the Department), the Public Employe’s Retirement System (PERS) and several of their officials. 1 Defendants and plaintiffs all moved … Marbury v. Madison, 5 US (1 Cranch) 137, 177 , 2 L Ed 60 (1803). (Emphasis supplied.)

State v. Rodriguez-Delao

335 Or. App. 700 · Court of Appeals of Oregon · Oct 30, 2024

See generally State v. Brown, 297 Or 404, 417, 687 P2d 751 (1984), and O’Key, 321 Or at 299-306. … State v.

Montgomery v. City of Dunes City

236 Or. App. 194 · Court of Appeals of Oregon · Jul 7, 2010

Relying on our decision in City of Happy Valley v. … In resolving that issue, we are guided by the principles of interpretation described in PGE v. Bureau of Labor and Industries, 317 Or 606 , 859 P2d 1143 (1993), as amplified in State v.

Riverview Condominium Ass'n v. Cypress Ventures, Inc.

266 Or. App. 574 · Court of Appeals of Oregon · Oct 29, 2014

See Cabal v. … E.g., Ogan v.

State v. Hung Ngoc Truong

265 Or. App. 730 · Court of Appeals of Oregon · Oct 1, 2014

He argues that that evidence is scientific evidence that should not have been admitted without the foundational showing of scientific validity required by State v. Brown, 297 Or 404 , 687 P2d 751 (1984), and State v. … State v.

State v. Tovar

256 Or. App. 1 · Court of Appeals of Oregon · Apr 3, 2013

State v. Brown, 301 Or 268, 277 , 721 P2d 1357 (1986). … State v.

Dean v. Multnomah County

349 Or. App. 10 · Court of Appeals of Oregon · Apr 29, 2026

When the board rests a determination on a medical opinion, our review requires that we assess whether the board properly considered that opinion in light of the entire record. See Guild v. … Because the board did not reconcile the apparent inconsistency 16 Dean v.

State v. Maxwell

213 Or. App. 162 · Court of Appeals of Oregon · May 30, 2007

On appeal, citing State v. … See, e.g., State v.

Jackson County v. Roark

124 Or. App. 505 · Court of Appeals of Oregon · Nov 17, 1993

Both parties rely on Brown v. Multnomah County, 280 Or 95 , 570 P2d 52 (1977), to reach different conclusions. … Brown v. Multnomah County, supra, 280 Or at 102 .

State v. Whitmore

257 Or. App. 664 · Court of Appeals of Oregon · Jul 24, 2013

Brown, 297 Or 404 , 687 P2d 751 (1984), and State v. O’Key, 321 Or 285 , 899 P2d 663 (1995). The state argues that no such foundation was required in this case and that, regardless, any error was harmless. … See State v.

Peabody v. SAIF

326 Or. App. 132 · Court of Appeals of Oregon · May 24, 2023

The board adhered to its decision. Claimant petitioned for judicial review, challenging the board’s decision to award $12,500 in attorney fees, rather than the $31,000 claimant had requested. Peabody v. … See Friends of Columbia Gorge v. Energy Fac.

Hernandez-Zurita v. State

290 Or. App. 621 · Court of Appeals of Oregon · Mar 7, 2018

Brown v. Baldwin , 131 Or. App. 356 , 361, 885 P.2d 707 (1994), rev. den. , 320 Or. 507 , 888 P.2d 568 (1995). … Id. at 361 , 885 P.2d 707 (emphasis in Brown ).

State v. Almahmood

308 Or. App. 795 · Court of Appeals of Oregon · Jan 27, 2021

State v. … State v. Brown, 293 Or App 772, 779, 427 P3d 221 (2018).

State v. Reed

268 Or. App. 734 · Court of Appeals of Oregon · Feb 4, 2015

Brown, 297 Or 404 , 687 P2d 751 (1984), and State v. … The state “agrees with defendant that the testimony was ‘scientific’ evidence and thus had to satisfy the standards articulated in State v. Brown, * * * and State v.

State v. Thomas (A173467)

324 Or. App. 114 · Court of Appeals of Oregon · Feb 8, 2023

Brown, 297 Or 404, 687 P2d 751 (1984), and State v. O’Key, 321 Or 285, 899 P2d 663 (1995), and abusing its discretion under OEC 403 in admitting the evidence. … The trial court did not err in admitting defendant’s UA without requiring the state to meet the Brown/O’Key foundational standards.

State v. Rodriguez-Delao

335 Or. App. 700 · Court of Appeals of Oregon · Oct 30, 2024

See generally State v. Brown, 297 Or 404, 417, 687 P2d 751 (1984), and O’Key, 321 Or at 299-306. … State v.

Foundation of Human Understanding v. Masters

313 Or. App. 119 · Court of Appeals of Oregon · Jul 8, 2021

Williams v. … Regardless of David’s belief as to Roy’s capacity, he acknowledged that the removal was undertaken by him and Mark as “the Board,” not as Successor Founder. 126 Foundation of Human Understanding v.

State v. Getzelman

178 Or. App. 591 · Court of Appeals of Oregon · Jan 9, 2002

State v. Burr, 136 Or App 140, 145 , 901 P2d 873 , rev den 322 Or 360 (1995) (quoting State v. Brown, 301 Or 268, 276 , 721 P2d 1357 (1986)). … Brown, 301 Or at 276 ; State v. Coleman, 167 Or App 86, 94 , 2 P3d 399 (2000); Burr, 136 Or App at 145 .

State v. Groom

239 Or. App. 462 · Court of Appeals of Oregon · Dec 15, 2010

Defendant first argues that State v. … Recently, in State v.

Guild v. SAIF Corp. (In re Guild)

291 Or. App. 793 · Court of Appeals of Oregon · May 16, 2018

The board affirmed the Notice of Closure, thereby upholding the denial of PTD. We review the board's order upholding SAIF's denial of PTD benefits for errors of law and substantial evidence. Elsea v. … See Hunter v. SAIF Corp. , 246 Or. App. 755 , 765, 268 P.3d 660 (2011) ("The board can reject an expert's medical opinion as unpersuasive, but it must explain its reasons for doing so."); Port of Portland OCIP v.