Case law

State v. Wallace

373 Or. 122 · Oregon Supreme Court · Dec 12, 2024

Defendant does not dispute that J had a qualifying intellectual disability under the law then in effect. … Cite as 373 Or 122 (2024) 151 Here, in contrast, the evidence more clearly sug- gests that, even if J understood that the conduct that defen- dant had initiated was sexual in nature

Madrigal-Estrella v. State of Oregon

303 Or. App. 124 · Court of Appeals of Oregon · Mar 18, 2020

Informing petitioner only that he “may” be deported “is unhelpful at best and would not explain the immigration consequences clearly.” … There, we concluded that a post-conviction petitioner had failed to establish that the crime to which he pleaded guilty was clearly an “aggravated felony” under 8 USC § 1101(43), subjecting him to specific immigration consequences

State v. Boundy

115 Or. App. 638 · Court of Appeals of Oregon · Oct 21, 1992

However her brief clearly argues that the police had no legal basis for searching her purse and seizing the bill. I cannot join in the majority’s refusal to address that issue. State v. … Her presence in the car alone could not establish probable cause. See State v. Taylor, supra, 62 Or App at 590 .

Gardner v. Brown

District Court, D. Oregon · Mar 18, 2024

To establish an Eighth Amendment violation, a prisoner “must satisfy both the objective and subjective components of a two-part test.” Wilson v. Seiter, 501 U.S. 294, 298- 99 (1991). … The Court DENIES Defendants’ motion to dismiss Gardner’s second subclaim under his Eighth Amendment claim and Gardner’s claim against Peters in her individual capacity, without considering the issue of qualified immunity

MT & M Gaming, Inc. v. City of Portland

360 Or. 544 · Oregon Supreme Court · Nov 3, 2016

Cite as 360 Or 544 (2016) 555 narrowing implication of the modifier “legal”: Any “interest” may qualify as long as it is “legally recognized.” … The foregoing history clearly shows that the requirement is a matter of general federal standing jurisprudence.

Nulph v. Board of Parole

279 Or. App. 652 · Court of Appeals of Oregon · Jul 27, 2016

OR-OSHA, 356 Or at 599 ; Bergerson, 341 Or at 416 (where the agency failed to exercise its discretion “remand [was] necessary to allow the [agency] to complete the legislative meaning of the [delegative] term ‘clearly an … The board also has not defined that term through rulemaking and did not reference any previous orders in which it defined the term or established criteria to determine whether a prisoner has established “reasonable cause”

Moore v. Jackson County Assessor

Oregon Tax Court · Jul 24, 2024

The Oregon Constitution lists situations that qualify as exceptions to the general rule that MAV increases by no more than three percent per year. … When a law itself establishes a class – that is, a “nontrue class” – the privileges and immunities clause does not apply. See MacPherson v. Dept. of Admin.

State v. Davis

269 Or. App. 532 · Court of Appeals of Oregon · Mar 11, 2015

Defendant stipulated to the results from the rape kit that conclusively established his DNA from spermatozoa. … “OEC 401 establishes a ‘very low threshold’ for the admission of evidence; evidence is relevant so long as it increases or decreases, even slightly, the probability of the existence of a fact that is of consequence to the

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Turner

305 F. Supp. 3d 1156 · District Court, D. Oregon · Mar 30, 2018

They each conclude that no similarly-qualified attorneys were available in Eastern Oregon. … These positions clearly conflict, and the latter is inconsistent with Ninth Circuit precedent.

Sullivan v. United States

District Court, D. Oregon · Nov 30, 2020

at 380 (noting that a videotape clearly contradicted the story told by the opposing party). … Meyer, 510 U.S. 471, 478 (1994) (the FTCA waives the United States’ immunity as to certain torts under a state’s common law but does not waive immunity as to constitutional torts claims); United States v.

Follansbee v. Ooi

335 Or. App. 305 · Court of Appeals of Oregon · Oct 2, 2024

Our case law establishes two types of prejudice analyses for such a determination. … On the other hand, defendants argue that M&B will be prejudiced by the appeal proceed- ing without it, they state that “M&B clearly has legal rights that will be affected by Plaintiffs’ cross-appeal” and that “[plaintiffs

AAA Oregon/Idaho Auto Source, LLC v. State

363 Or. 411 · Oregon Supreme Court · Aug 2, 2018

The fact that a reference to taxes levied on, or measured by, sales is clearly included in paragraph (1)(a) and clearly omitted from paragraph (1)(b) indicates that the voters would have understood and intended the constitutional … Moneys in the fund are to be used for rebates to purchasers of qualifying vehicles. Id. § 152(6); see id. §§ 149, 150.

Thunderbird Motel, Inc. v. City of Portland

40 Or. App. 697 · Court of Appeals of Oregon · Jun 18, 1979

Under the tests established in Carruthers and Miles , we conclude that there was no violation of Article XI, section 9 here. … In his opinion on the motion for summary judgment, the trial judge stated: "* * * Clearly the Commission could not participate in the construction of the hotel.

Larisa's Home Care, LLC v. Nichols-Shields

Oregon Supreme Court · Oct 26, 2017

Prichard had been qualified for Medicaid, and plaintiff thus was contractually obligated to charge her only the Medicaid rate. … The time-dependent nature of the rules is even more clearly illustrated in OAR 461-140-0300(2), which provides that “the disqualification ends if the transfer that caused the disqualification is rescinded.”

State v. Kyger

305 Or. App. 548 · Court of Appeals of Oregon · Jul 22, 2020

To qualify as “a substantial step toward commission of the crime, the ‘defendant’s conduct must (1) advance the crimi- nal purpose charged and (2) provide some verification of the existence of that purpose.’ ” State v. … the actor’s personality to society at large. “* * * * * “The Model Penal Code comment on situations of this kind is well expressed as follows: “ ‘In all of these cases (1) criminal purpose has been clearly

State v. Couch

196 Or. App. 665 · Court of Appeals of Oregon · Dec 29, 2004

Property qualified and possessory a man may have in those *675 which are ferae naturae; * * * but in those which are ferae naturae, and by industry are made tame, a man hath but a qualified property in them, sail., so long … Thus, when ORS 498.002 declares that “[w]ildlife is the property of the state,” we may understand that the reference to “wildlife” fairly clearly is to animals ferae naturae over which the state has sovereignty, subject to

Jennings v. Baxter Healthcare Corp.

331 Or. 285 · Oregon Supreme Court · Nov 17, 2000

“There may come someday where there are established epidemiological studies and enough experts that can tie this and somebody can say it’s a cause. … However, case reports sometimes are sufficient in and of themselves to establish causation.

Larisa's Home Care, LLC v. Nichols-Shields

Oregon Supreme Court · Oct 26, 2017

Prichard had been qualified for Medicaid, and plaintiff thus was contractually obligated to charge her only the Medicaid rate. … The time-dependent nature of the rules is even more clearly illustrated in OAR 461-140-0300(2), which provides that “the disqualification ends if the transfer that caused the disqualification is rescinded.”

Miller v. City of Eugene

District Court, D. Oregon · Nov 27, 2023

McIntyre is entitled to qualified immunity for Plaintiff’s first claim; (3) Det. … And in moving for summary judgment on Plaintiff’s first claim based on the doctrine of qualified immunity, Defendants directly raised the same factual issue and addressed it, explaining in their motion—supported by a sworn

Estate of Helene J. Evans v. Dept. of Rev.

24 Or. Tax 126 · Oregon Tax Court · May 28, 2020

Donald’s will established a testamentary trust and named his son Con Gillam as trustee. … The court agrees that Helene clearly lacked those rights or other rights equiva- lent to ownership.