Case law

Pat v. Mult. Sch. Dist. 1

171 Or. App. 616 · Court of Appeals of Oregon · Dec 27, 2000

The trier of fact may, in such instance, decline to draw the permissible inference necessary to establish liability. … As ERB observed, the case presented a different question from the usual mixed-motive case because "the `good' and the `bad' reasons for the denial of [the employee's] transfer" could not be "clearly separated."

Wall Street Management & Capital, Inc. v. Crites

274 Or. App. 347 · Court of Appeals of Oregon · Oct 14, 2015

Plaintiffs attorney also filed an affidavit in which he averred that he had “retained a duly *353 qualified handwriting expert who will testify that there are multiple significant similarities between the limited handwriting … With respect to that question, defendant’s summary judgment motion reduces to a contention that the guaranty was clearly forged because defendant always signs his name “E. L.

In re the Marriage of Malpass

255 Or. App. 233 · Court of Appeals of Oregon · Feb 13, 2013

Here, mother clearly is the custodial parent and the only parent entitled to the exemptions under federal law.” (Emphasis added.) *236 We conclude that wife failed to preserve that argument. … The trial court orally ruled, as relevant here, that the temporary child support would remain in place until husband’s income was established.

State Ex Rel. Aspen Group, Inc. v. Washington County Board of Commissioners

150 Or. App. 371 · Court of Appeals of Oregon · Oct 8, 1997

Again, the question is not whether intervenor “won the case”; she clearly did not. The question is whether her participation was of a kind that future prospective litigants should be discouraged from undertaking. … For the reasons given in the text, the answer to that question is also no. 7 A mandamus action under ORS 215.428(7) is not a procedure that the legislature established to provide counties with an alternative to making the

Sterling v. Klamath Forest Protective Ass'n

19 Or. App. 383 · Court of Appeals of Oregon · Nov 18, 1974

The application was rejected and shortly thereafter an apparently less qualified person was hired to fill the job. Mr. Sterling is a black man — the man hired was white. … Joyce, supra, dealt with a case of discrimination arising out of the refusal to rent an apartment to a qualified applicant because of race.

State v. Spieler

269 Or. App. 623 · Court of Appeals of Oregon · Mar 18, 2015

The trial court denied the motion, noting that, in light of the defense burden to establish the extreme emotional disturbance defense “and given that by its questions of this [witness] it has suggested that there would be … First, one fundamental aspect of Wederski is not qualified by any of the subsequent case law: The prosecutor cannot either implicitly or explicitly invite the factfinder to consider nonadmitted evidence “in aid of the state

Daniel-Elliott and Daniel

Court of Appeals of Oregon · Jun 26, 2024

Second, by September of 2022, wife had made several attempts to refinance the home but had been unable to qualify for a refinance that would allow her to pull out cash in a sufficient amount to pay husband Cite as 333 Or … The creation of that new relationship constituted a substantive addition to the terms of the original judgment because it established new rights and obligations for the parties in their respective roles as a judgment creditor

Fischer v. Walker

246 Or. App. 589 · Court of Appeals of Oregon · Nov 16, 2011

“To determine an easement’s purpose, we first look to the words of the easement, viewing them in the context of the entire document; if the words clearly express the easement’s purpose, our analysis ends Knight v. … The parties here do not ask us to overrule or otherwise qualify that aspect of Ploplys .

State v. Ciancanelli

181 Or. App. 1 · Court of Appeals of Oregon · Apr 24, 2002

Judge Brewer also insists that we have misconstrued what qualifies as a "historical exception" under Article I, section 8. "True" historical exceptions, he says, "do not trap us in a time warp of our own device." … See, e.g., Bishop, 1 Commentaries on the Criminal Law § 379 at 419 (noting that keeping a "bawdy-house" is an offense at common law); Russell, A Treatise on Crimes and Misdemeanors at 322 ("It is clearly agreed that keeping

State v. McWoods

320 Or. App. 728 · Court of Appeals of Oregon · Jul 13, 2022

There are other discrepan- cies between the answers given by juror number 6 and how the state characterized those answers for the court, none of which, separately, or together, clearly establish purposeful racial discrimination … The plausibility of the state’s race-neutral reasons for excus- ing an otherwise qualified Black juror decreased with the second strike.

PETE'S MT. HOMEOWNERS ASS'N v. Clackamas Cty.

227 Or. App. 140 · Court of Appeals of Oregon · Apr 1, 2009

Petitioners' argument is that, because their Measure 37 claim is subject to the goal-post statute, it is immune from the effect of Measure 49. … It is clearly the more general statute and must, as a result, yield to the more specific Measure 49. Similarly, the goal-post statute, which dates back to 1983, Or.

State v. Pressel

2 Or. App. 477 · Court of Appeals of Oregon · May 7, 1970

At first while standing up the officers did not clearly understand the defendant's name and had him spell it. … The record is devoid of any other evidence of this important, yet easily established, fact.

State v. Moore

45 Or. App. 837 · Court of Appeals of Oregon · Apr 14, 1980

However, there was also in the file the order containing the language quoted above that clearly delineated two functions to be performed and unambiguously directed that one of them was to be performed for the sole use and … The facts and circumstances of the homicide were well established in the evidence and were not seriously *844 challenged by the defendant.

State v. Efimoff

346 Or. App. 402 · Court of Appeals of Oregon · Jan 7, 2026

Once there is case law establishing the required mental state for an element, it becomes plain error not to have instructed the jury in that manner—even if the case was tried before the new case law published, as we decide … Cite as 346 Or App 402 (2026) 411 was not argued in the trial court, even if a different mental state was argued in the trial court—unless, of course, the error qualifies as plain.

Scheffel v. Oregon Beta Chapter of Phi Kappa Psi Fraternity

273 Or. App. 390 · Court of Appeals of Oregon · Sep 2, 2015

The court intervenes only when it can say that the actor’s conduct clearly meets the standard or clearly falls below it.’” 303 Or at 18 (quoting Stewart, 255 Or at 607 ). … The affidavit or declaration shall be made in good faith based on admissible facts or opinions obtained from a qualified expert who has actually been retained by the attorney who is available and willing to testify and who

Head v. Head

261 Or. App. 478 · Court of Appeals of Oregon · Mar 5, 2014

The trust language clearly demonstrated an intent that [Robert] should inherit all of [Cecilia’s] assets except to the extent necessary to preserve her tax exemption. … Accordingly, defendants assert that the legislature’s use of “is requested” does not clearly indicate that a party must request modification in order for a court to do so.

State v. Ciancanelli

181 Or. App. 1 · Court of Appeals of Oregon · Apr 24, 2002

Judge Brewer also insists that we have misconstrued what qualifies as a "historical exception" under Article I, section 8. "True" historical exceptions, he says, "do not trap us in a time warp of our own device." … See, e.g., Bishop, 1 Commentaries on the Criminal Law § 379 at 419 (noting that keeping a "bawdy-house" is an offense at common law); Russell, A Treatise on Crimes and Misdemeanors at 322 ("It is clearly agreed that keeping

Rossolo v. Multnomah County Elections Division

272 Or. App. 572 · Court of Appeals of Oregon · Jul 29, 2015

MCC section 1.002 provides: “The following definitions and rules of construction shall be observed, unless inconsistent with the intent of the Board of Commissioners or the context clearly requires otherwise. "***** “ORDINANCE … Another city’s practice of naming and renaming streets only through a process akin to that established [in Portland’s code] may establish that the activity is ‘administrative’ and not subject to the initiative and referendum

State ex rel. State Office for Services to Children & Families v. Klamath Tribe

170 Or. App. 106 · Court of Appeals of Oregon · Sep 27, 2000

It is within the absolute discretion and authority of the Tribe to establish its criteria for membership. However, the Tribe has no inherent authority over non-Indians. … To the extent that the agreement applies to “Klamath children” who do not qualify as Indian children under ICWA, it exceeds SCF’s applicable statutory authority.

Longview Inspection v. Snyder

182 Or. App. 530 · Court of Appeals of Oregon · Jul 10, 2002

Claimant’s attorney then argued in closing that the evidence, including in particular the evidence of a facet joint problem, established that the work-related injury was the major contributing cause of claimant’s condition … The worker must clearly request formal written acceptance of any new medical condition from the insurer or self-insured employer.”