Case law

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  • State v. Reed

    83 Or. App. 451 · Court of Appeals of Oregon · Jan 28, 1987

    State v. Brown, supra, 297 Or at 417 . … See State v. Brown, supra, 297 Or at 417 and n 5. 4 In State v.

    Cited 28 timesPublished
  • Boger v. Norris & Stevens, Inc.

    109 Or. App. 90 · Court of Appeals of Oregon · Oct 2, 1991

    They rely, inter alia, on Wilson v. … Affirmed. 1 The court conducted a pretrial hearing on the admissibility of plaintiffs’ “scientific evidence” under State v. Brown, supra.

    Cited 9 timesPublished
  • Elsea v. Liberty Mutual Insurance

    277 Or. App. 475 · Court of Appeals of Oregon · Apr 13, 2016

    It was legally permissible for the board to make that determination in its weighing of the evidence. See Martin v. … evaluation of that evidence was reasonable.”); Armstrong v.

    Cited 9 timesPublished
  • 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.

    Cited 1 timesPublished
  • Cascade in Home Care, LLC v. Hooks (In re Comp. of Hooks)

    296 Or. App. 695 · Court of Appeals of Oregon · Mar 20, 2019

    See Dixon v. Board of Parole and Post-Prison Supervision , 257 Or. … Co. v. Aranda , 279 Or.

    Cited 3 timesPublished
  • Hibbs v. Sedgwick CMS (A180280)

    340 Or. App. 421 · Court of Appeals of Oregon · May 14, 2025

    Weyerhaeuser Co. v. … In Icenhower v.

    Cited 2 timesPublished
  • State v. Helgeson

    220 Or. App. 285 · Court of Appeals of Oregon · May 28, 2008

    Brown, 297 Or 404 , 687 P2d 751 (1984), and State v. O’Key, 321 Or 285 , 899 P2d 663 (1995). … State v. Owens, 207 Or App 31, 37 , 139 P3d 984 (2006), rev den, 342 Or 503 (2007).

    Cited 7 timesPublished
  • State v. Montgomery

    106 Or. App. 150 · Court of Appeals of Oregon · Feb 27, 1991

    ORAP 5.45(2); State v. Brown, 310 Or 347 , 800 P2d 259 (1990); State v. Wills, 93 Or App 322, 323 , 761 P2d 1365 (1988), rev den 307 Or 611 (1989); State v. Braughton, 28 Or App 891, 893 , 561 P2d 1040 (1977). … See State v. Gammond, supra. That error is apparent on the face of the record and needs to be corrected. State v. Brown, supra. The state agrees that, if we reach the issue, the case should be remanded for resentencing.

    Cited 4 timesPublished
  • State v. Conner

    132 Or. App. 478 · Court of Appeals of Oregon · Jan 25, 1995

    State v. Brown, supra, 297 Or at 442 ; see also Plemel v. Walter, 303 Or 262, 277-78 , 735 P2d 1209 (1987). … Brown, supra, 297 Or at 417 . We then evaluate the evidence under OEC 403. 4 297 Or at 438 ; see also State v.

    Cited 4 timesPublished
  • Taylor v. SAIF

    329 Or. App. 135 · Court of Appeals of Oregon · Nov 15, 2023

    See Dotson v. … See OEA v.

    Cited 3 timesPublished
  • State v. HARBICK

    234 Or. App. 699 · Court of Appeals of Oregon · Apr 14, 2010

    State v. … State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). Even if the error is plain, this court must affirmatively exercise its discretion to correct the error. See State ex rel Juv. Dept. v. S.

    Cited 5 timesPublished
  • McCoin v. PSRB

    310 Or. App. 534 · Court of Appeals of Oregon · Apr 7, 2021

    See Einstein v. PSRB, 330 Or 121, 131, 998 P2d 654 (2000) (Van Hoomissen, J., concurring) (“[The board] is entitled to find that petitioner’s evidence is unper- suasive. … Rolfe v. Psychiatric Security Review Board, 53 Or App 941, 947, 633 P2d 846, rev den, 292 Or 334 (1981).

    Cited 2 timesPublished
  • State v. Walter

    36 Or. App. 303 · Court of Appeals of Oregon · Sep 18, 1978

    Defendant relies on Brown v. Multnomah County Dist. … We recently applied the Brown holding in State v.

    Cited 2 timesPublished
  • Boyer v. State

    43 Or. App. 629 · Court of Appeals of Oregon · Dec 10, 1979

    Plaintiff asserts that even though he was tried in the circuit court prior to the decision in Brown v. Multnomah County Dist. … In Kniss v.

    Cited 2 timesPublished
  • 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.

    Cited 5 timesPublished
  • State v. Vaughn

    92 Or. App. 73 · Court of Appeals of Oregon · Jul 6, 1988

    State v. Brown, 301 Or 268 , 721 P2d 1357 (1986); State v. … State v. Brown, supra. Defendant argues that the automobile exception is not applicable in this case, because it applies only to vehicles which are mobile when lawfully stopped.

    Cited 11 timesPublished
  • Gritzbaugh Main Street Properties, LLC v. Greyhound Lines, Inc.

    207 Or. App. 628 · Court of Appeals of Oregon · Sep 6, 2006

    DEITS, J. pro tempore Plaintiffs petition for reconsideration of our opinion in Gritzbaugh Main Street Prop. v. … Plaintiffs rely on the following cases: Kallstrom v. Kallstrom, 265 Or 481 , 509 P2d 1195 (1973); Montgomery v. Wadsworth Plumbing, 278 Or 455 , 564 P2d 703 (1977); Jewell v.

    Cited 5 timesPublished
  • Boothby v. D.R. Johnson Lumber Co.

    184 Or. App. 138 · Court of Appeals of Oregon · Oct 9, 2002

    Id. at 177 (citing Wilson v. P.G.E. Company, 252 Or 385, 390-92, 448 P2d 562 (1968); Brown v. Boise-Cascade Corp., 150 Or App 391, 396 , 946 P2d 324 (1997), rev den, 327 Or 317 (1998)). … Brown, 150 Or App at 395 n 4 (citing Hickey v. Settlemier, 141 Or App 103, 108 , 917 P2d 44 , rev den, 323 Or 690 (1996)); see also Brown v. J. C.

    Cited 8 timesPublished
  • State v. Mott

    315 Or. App. 702 · Court of Appeals of Oregon · Nov 17, 2021

    See State v. … .”); State v. Brown, 300 Or App 192, 200, 452 P3d 482 (2019), rev’d on other grounds, 704 State v.

    Cited 2 timesPublished
  • State v. Warner

    117 Or. App. 420 · Court of Appeals of Oregon · Dec 30, 1992

    State v. Brown, 301 Or 268 , 721 P2d 1357 (1986). The trial court agreed that that exception permitted the search and denied the motion to suppress. … State v. Brown, supra, 301 Or at 273 .

    Cited 12 timesPublished

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