Case law

State v. Hacker

51 Or. App. 743 · Court of Appeals of Oregon · Apr 20, 1981

See United States v. Ceccolini, 435 US 268 , 98 S Ct 1054 , 55 L Ed 2d 268 (1978); Brown v. Illinois, 422 US 590 , 95 S Ct 2254 , 45 L Ed 2d 416 (1975); Wong Sun v. United States, supra. … See also State v. Brown, 47 Or App 201 , 613 P2d 1107 (1980); State v. Garrison, 21 Or App 155 , 534 P2d 210 , rev den (1975). As stated in State v.

McDonald v. Halvorson

92 Or. App. 478 · Court of Appeals of Oregon · Aug 10, 1988

During winter or when exposed to ocean waves, the tops of silverweed turn brown. The plants may be carried away by waves “sufficient to move the beach.” … Suess Builders v.

Haney v. Schiedler

202 Or. App. 51 · Court of Appeals of Oregon · Oct 12, 2005

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). Further, “error apparent” is determined by reference to the law existing as of the time the appeal is decided, and not as of the time of trial. State v. … Brown, 310 Or at 355 .

Young v. SAIF Corp.

137 Or. App. 193 · Court of Appeals of Oregon · Oct 11, 1995

SAIF requested Board review of the referee’s order. … Volk v. America West Airlines, 135 Or App 565 , 899 P2d 746 (1995). Accordingly, we remand for the *196 Board to reconsider attorney fees in light of the 1995 amendments. Reversed and remanded for reconsideration.

State v. Anderson

117 Or. App. 495 · Court of Appeals of Oregon · Dec 30, 1992

.” *498 Defendant, relying on State v. … State v. Brown, 306 Or 599, 602 , 761 P2d 1300 (1988). In State v.

Answorth, Inc. v. OLCC

344 Or. App. 470 · Court of Appeals of Oregon · Oct 29, 2025

Board of Parole, 356 Or 186, 195, 335 P3d 828 (2014) (quoting Ross v. Springfield School Dist. No. 19, 294 Or 357, 370, 657 P2d 188 (1982)). … T. v.

State v. Gensler

266 Or. App. 1 · Court of Appeals of Oregon · Oct 8, 2014

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). … First, in State v. Vanornum, 354 Or 614, 628-29 , 317 P3d 889 (2013), the court held that appellate review of purported instructional plain error is governed by the principles described in Brown and Ailes .

Romayor v. Department of Public Safety Standards & Training

265 Or. App. 93 · Court of Appeals of Oregon · Aug 20, 2014

Both parties point us to Delehant v. Board on Police Standards, 317 Or 273 , 855 P2d 1088 (1993). … The court also cited Trebesch v.

Schneider v. Emanuel Hospital

28 Or. App. 363 · Court of Appeals of Oregon · Jan 31, 1977

This court reversed and the case was remanded to the Board for consideration on the merits. Schneider v. Emanuel Hospital, 20 Or App 599 , 532 P2d 1146 , Sup Ct review denied (1975). … But, as was the case in Marek v.

In Re Moore

462 P.2d 453 · Court of Appeals of Oregon · Dec 18, 1969

Moore, Claimant and Respondent, v. U.S. Plywood Corporation and Liberty Mutual Insurance Co. (Employer and Insurance Carrier), Each a Foreign Corporation Doing Business in the State of Oregon, Appellants. … Maurice V. Engelgau, Coquille, argued the cause and filed the brief for respondent. SCHWAB, Chief Judge.

Dept. of Land Conservation v. Clackamas County

Court of Appeals of Oregon · Sep 25, 2024

.”); Kenagy v. … (Emphasis added.)); Leathers v.

State v. Brock

270 Or. App. 675 · Court of Appeals of Oregon · May 6, 2015

See State v. Brown, 301 Or 268, 276 , 721 P2d 1357 (1986); see also State v. … State v. Bennett/McCall, 265 Or App 448, 454-55 , 338 P3d 143 (2014) (citing Brown, 301 Or at 276 ). Police must have “probable cause to believe that a person’s automobile * * * contains contraband or crime evidence[.]”

State v. Moody

201 Or. App. 58 · Court of Appeals of Oregon · Aug 3, 2005

See State v. … In State v.

Hanna v. Employment Division

25 Or. App. 727 · Court of Appeals of Oregon · Jun 14, 1976

In Gollender v. … We affirmed the Board’s denial of benefits, holding that claimant had a guaranteed wage through the summer. The significant facts in the case before us are different.

Beaverton Education Ass'n v. Washington County School District No. 48

76 Or. App. 129 · Court of Appeals of Oregon · Oct 30, 1985

Assoc. v. … Dist. v. N. Clackamas Educ. Assn., 54 Or App 211 , 634 P2d 1348 (1981), and Central Point Sch. Dist. v.

In re the Marriage of Hickam

223 Or. App. 302 · Court of Appeals of Oregon · Oct 29, 2008

State v. Wyatt, 331 Or 335, 346-47 , 15 P3d 22 (2000). ORAP 5.45(1) provides that “[n]o matter claimed as error will be considered on appeal unless the claimed error was preserved in the lower court.” … State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). If the asserted error satisfies those criteria, we may then exercise our discretion to correct the error. Ailes v.

Cascade Broadcasting Corp. v. Groener

51 Or. App. 533 · Court of Appeals of Oregon · Apr 6, 1981

Plaintiff petitioned the Clackamas County Circuit Court for review of the order of the Board of County Commissioners. … Bienz v. City of Dayton, 29 Or App 761, 776 , 566 P2d 904 (1977); Heilman v. City of Roseburg, 39 Or App 71, 77 , 591 P2d 390 (1979).

City of Grants Pass v. Hamelin

212 Or. App. 414 · Court of Appeals of Oregon · May 2, 2007

We review the board’s order for errors of law and affirm. … PGE v. Bureau of Labor and Industries, 317 Or 606, 611 , 859 P2d *419 1143 (1993); see also Racing Com. v.

Branton v. Oregon State Penitentiary

83 Or. App. 571 · Court of Appeals of Oregon · Feb 11, 1987

Petitioner finally argues that it was improper to consider polygraph evidence at all for the same reasons that they are inadmissible when the rules of evidence are in effect, citing State v. … Brown, 297 Or 404 , 687 P2d 751 (1984). We disagree. In Higley v.

State v. Honzel

177 Or. App. 35 · Court of Appeals of Oregon · Oct 3, 2001

See State v. Brown, 306 Or 599 , 604 n 5, 761 P2d 1300 (1988). … Brown, 306 Or at 607 , quoting Carter v. Mote, 285 Or 275 , 279 590 P2d 1214 (1979). We will uphold the trial court’s denial only if “there is no evidence in the record to support * * * [the instruction].”