Case law

Opinions from 1658 to today.

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  • Bennett v. Board of Optometry

    125 Or. App. 66 · Court of Appeals of Oregon · Dec 8, 1993

    See Berwick v. AFSD, 74 Or App 460 , 703 P2d 994 (1985). However, an agency is not compelled to excuse a pro se litigant from procedural requirements. … See, e.g., Gill v. Director of Dept. of Ins. and Finance, 107 Or App 669 , 813 P2d 564 (1992). The Board found: “2.

    Cited 5 timesPublished
  • Duvigneaud v. Board of Parole

    309 Or. App. 352 · Court of Appeals of Oregon · Feb 10, 2021

    Janowski/Fleming v. Board of Parole, 349 Or 432, 441, 446, 245 P3d 1270 (2010). Petitioner asked the board to make that finding five times. … However, even if the board 1 We take judicial notice of the board’s 2018 and 2019 orders. 354 Duvigneaud v.

    Cited 0 timesPublished
  • Allen v. Board of Parole

    311 Or. App. 38 · Court of Appeals of Oregon · Apr 28, 2021

    BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent. … Mastriano v. Board of Parole, 342 Or 684, 690, 159 P3d 1151 (2007).

    Cited 0 timesPublished
  • Nichols v. Board of Pharmacy

    61 Or. App. 274 · Court of Appeals of Oregon · Jan 12, 1983

    Before the hearing, the Board filed a motion for summary judgment. The motion was granted and the hearing cancelled. On appeal, this court remanded the matter to the Board for further agency action. Nichols v. … State v. Rasmussen, 213 NW2d 661 (Iowa 1973).

    Cited 4 timesPublished
  • Taylor v. Board of Parole

    108 Or. App. 633 · Court of Appeals of Oregon · Sep 4, 1991

    PER CURIAM The Board of Parole and Post-Prison Supervision (BOP) held a personal review hearing under ORS 144.122 and OAR 255-40-010 to consider a reduction of petitioner’s prison term. … Under Denham v. Board of Parole, 106 Or App 234, 237 , 806 P2d 1167 (1991), we do not have jurisdiction. Appeal dismissed.

    Cited 1 timesPublished
  • Knotts v. Psychiatric Security Review Board

    250 Or. App. 448 · Court of Appeals of Oregon · Jun 13, 2012

    We review the board’s order for substantial evidence. ORS 183.482(8)(c). In doing so, we review both the board’s factual findings and its legal conclusions derived from those findings. Salosha, Inc. v. … That is, we assess the board’s reasoning, as expressed in its order. Id. As we have stated, “Our duty is to evaluate the board’s logic, not to supply it.” Castro v.

    Cited 7 timesPublished
  • Ritchie v. Board of Parole

    35 Or. App. 711 · Court of Appeals of Oregon · Aug 8, 1978

    On November 18, 1977, the Board of Parole hearings officer denied the request for a Board appointed attorney to represent him at the parole revocation hearing. … California, 372 US 353 , 83 S Ct 814 , 9 L Ed 2d 811 (1963); Ross v. Moffitt, 417 US 600 , 94 S Ct 2437 , 41 L Ed 2d 341 (1974)), the Supreme Court in Gagnon v. Scarpelli, supra, and Morrisséy v.

    Modified by Ritchie v. Board of Parole, 37 Or. App. 385 (1978)Cited 6 timesPublished
  • West v. Board of Parole

    86 Or. App. 616 · Court of Appeals of Oregon · Jul 29, 1987

    Petitioner seeks review of the Parole Board order which set his parole date. … It might seem — given petitioner’s admissions — that the Board should be able to consider the juvenile adjudications, expunged or not. The Board’s rules provide otherwise.

    Cited 1 timesPublished
  • State Land Board v. Heuker

    25 Or. App. 137 · Court of Appeals of Oregon · Apr 19, 1976

    State ex rel Thornton v. Hay, 254 Or 584, 601-602 , 462 P2d 671 (1969) (specially concurring opinion); Corvallis & Eastern R. Co. v. Benson, 61 Or 359, 369-70 , 121 P 418 (1912). Cf., Land Bd. v. … In McAdam v.

    Cited 5 timesPublished
  • Betsch v. Board of Parole

    109 Or. App. 155 · Court of Appeals of Oregon · Oct 2, 1991

    PER CURIAM Petitioner challenges an order of the Board of Parole. Because he did not exhaust his administrative remedies under ORS 144.335(1), we lack jurisdiction to review the order. … The crux of petitioner’s challenge to the Board’s order is that a special condition of his parole, that he stay out of Klamath County, is unconstitutional. That condition was imposed by an order dated June 22, 1990.

    Cited 1 timesPublished
  • Coleman v. Board of Parole

    215 Or. App. 112 · Court of Appeals of Oregon · Sep 19, 2007

    App. 112 COLEMAN v. BOARD OF PAROLE and Post-Prison Supervision. Court of Appeals of Oregon. September 19, 2007. Affirmed without opinion.

    Cited 0 timesPublished
  • Thompson v. Board of Parole

    111 Or. App. 444 · Court of Appeals of Oregon · Feb 12, 1992

    Cited 1 timesPublished
  • Brown v. Driver & Motor Vehicle Services Division

    219 Or. App. 607 · Court of Appeals of Oregon · May 7, 2008

    State v. Newton, 291 Or 788, 807 , 636 P2d 393 (1981), overruled on other grounds by State v. Spencer, 305 Or 59 , 750 P2d 147 (1988). … Walls v. DMV, 154 Or App 101, 107 , 960 P2d 888 (1998).

    Cited 2 timesPublished
  • Brown v. Department of Corrections

    120 Or. App. 239 · Court of Appeals of Oregon · May 12, 1993

    Whaley v. Dept. of Corrections, 120 Or App 224 , 852 P2d 200 (1993).

    Cited 0 timesPublished
  • Payless Drug Stores Northwest, Inc. v. Brown

    80 Or. App. 255 · Court of Appeals of Oregon · Jul 2, 1986

    Payless Drug Stores v. Brown, 300 Or 243 , 708 P2d 1143 (1985). Defendants appealed a judgment against them for $117.74, plus costs. … See Brown v. Multnomah County Dist. Ct, 280 Or 95, 100 , 570 P2d 52 (1977); Nordling v. Johnston, 205 Or 315, 324 , 283 P2d 994 , 287 P2d 420 (1955).

    Cited 5 timesPublished
  • Bice v. Board of Psychologist Examiners

    281 Or. App. 623 · Court of Appeals of Oregon · Oct 12, 2016

    Weldon, 266 Or App at 69-70 ; Becklin v. Board of Examiners for Engineering, 195 Or App 186, 206 , 97 P3d 1216 (2004), rev den, 338 Or 16 (2005). … WaterWatch of Oregon v.

    Cited 4 timesPublished
  • Kleikamp v. Board of County Commissioners

    240 Or. App. 57 · Court of Appeals of Oregon · Dec 29, 2010

    Consistently with our recent decision in Friends of Yamhill County v. … See Friends of Yamhill County, 237 Or App 149 ; Biggerstaff v. Board of County Commissioners, 240 Or App 46 , 245 P3d 688 (2010); Damman v.

    Cited 15 timesPublished
  • Ritchie v. Board of Parole

    37 Or. App. 385 · Court of Appeals of Oregon · Dec 4, 1978

    See State v. Flores, 280 Or 273 , 570 P2d 965 (1977). He places particular reliance on Perry v. … In Olsen v. State ex rel Johnson, 276 Or 9 , 554 P2d 139 (1976), the court was faced with a challenge to the Oregon school funding system based on Article I, section 20.

    Cited 5 timesPublished
  • Brown v. Motor Vehicles Division

    39 Or. App. 583 · Court of Appeals of Oregon · Apr 2, 1979

    Morey v. Educator & Executive Insurers, Inc., 45 Ohio St. 2d 196 , 342 NE 2d 691 (1976); See Farmers Insurance Co. v. Hall, 567 SW 2d 296 (Ark. 1978); Farm Bureau Mutual Casualty Co. v. … Stein, 284 Minn 407, ( 70 NW 2d 334 (1969); Allen v. National Accident & Health Ins. Co., 215 N.C. 70 , 1 SE 2d 94 (1939).

    Cited 0 timesPublished
  • Scott v. Board of Parole

    117 Or. App. 170 · Court of Appeals of Oregon · Dec 9, 1992

    Our jurisdiction over Board actions is limited by ORS 144.335(1) to final orders that adversely affect or aggrieve the petitioner. In Willaby v. … ORS 144.335(1); Willaby v. Board of Parole, supra, 103 Or App at 88 ; see Harris v. Board of Parole, 288 Or 495, 503 , 605 P2d 1181 (1980). The orders did not change the length of petitioner’s incarceration.

    Cited 3 timesPublished

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