Case law

State v. Hightower

361 Or. 412 · Oregon Supreme Court · Apr 27, 2017

State, 992 So 2d 57, 61 (Ala Crim App 2007) (right of self-representation becomes qualified once trial commences); Brewer v. … Guzek, 358 Or 251, 269, 363 P3d 480 (2015), “[appellate] review is better facilitated by a record of findings that is direct, express, and clearly delineated.”

American Federation of Labor v. Bain

165 Or. 183 · Oregon Supreme Court · May 21, 1940

It was declared that the use of the streets and public-places, “for purposes of assembly, communicating thoughts between citizens, and discussing public questions has, from ancient times, been a part of the privileges, immunities … The prohibitions of the statute under review clearly include picketing in bona fide labor controversies. In the statute there is no definition of the word “picket”.

Robinson v. Leverenz

185 Or. 262 · Oregon Supreme Court · Jan 13, 1949

The witnesses declared that the place where the walk ended and the other began could still be seen clearly at the time of the trial. The point was manifested by a mark or seam. … In fact, the evidence lacks that certainty and convincing proof necessary to establish adverse possession.

Villanueva v. Liberty Acquisitions Servicing, LLC

319 F.R.D. 307 · District Court, D. Oregon · Jan 13, 2017

As to Plaintiffs counsel, Defendants raise no argument that they are not qualified or experienced. … This is clearly a classwide merits argument which is inappropriate to consider at this juncture, .

Amphitheaters, Inc. v. Portland Meadows

184 Or. 336 · Oregon Supreme Court · May 6, 1948

I must acquire immunity from damage of this sort by special contract with my neighbours. Thus, in Eastern & South African Telegraph Co. v. … The court said: “ * * * it was further .clearly established that these several grounds of complaint were not mere inconveniences but were positive and existing nuisances which would unquestionably offend the sensibilities

Bowden v. DAVIS

205 Or. 421 · Oregon Supreme Court · Nov 9, 1955

Yet under no circumstances can his guilt be established or a penalty imposed without a judicial hearing. In Lawton v. … Animals running at large are not infrequently impounded and sold upon notice to the owner; but dogs may, if kept in an unlawful manner, be destroyed summarily, because they are at best qualified property.”

Christofferson v. CHURCH OF SCIENTOLOGY, ETC.

57 Or. App. 203 · Court of Appeals of Oregon · May 3, 1982

This record establishes that Scientology is a religion and that the Mission is a religious organization. … The state of mind of the one accused of making fraudulent representations is clearly at issue where one of the elements to be shown is the speaker’s knowledge of the falsity of the representation being made.

Oregon State Public Interest Research Group, Inc. v. Pacific Coast Seafoods Co.

341 F. Supp. 2d 1170 · District Court, D. Oregon · Sep 17, 2004

City of West Sacramento, 905 F.Supp. 792, 806-07 (E.D.Cal.1995) (holding that Section 1319 clearly bars only civil penalty actions, not claims for injunctive and declaratory relief). … Defendant Hyundai America argued that the DEQ’s issuance of a NON was an administrative penalty enforcement action that qualified as a comparable state law action under the CWA. Id. at 1181 .

McCann v. Oregon Liquor Control Commission

27 Or. App. 487 · Court of Appeals of Oregon · Nov 29, 1976

. #6060; penalty — 45 day suspension effective 8-19-65 and indefinitely thereafter to permit transfer to other qualified persons at another location. * * *” The hearing referee overruled the objection to the exhibit on the … Bd. of Medical Exam., 16 Or App 381, 393 , 518 P2d 1042 , rev den (1974), to be sufficient to bar the establishment of good moral character.

State of Oregon v. Dewey

206 Or. 496 · Oregon Supreme Court · Jan 18, 1956

To warrant a conviction in any criminal case, it is incumbent upon the state to establish by proof beyond reasonable doubt each and every essential element of the crime charged; if it fails to establish any one or more of … Clearly that statement does not support the position of the majority in this case.

Kasliner v. Dept. of Human Services

330 Or. App. 85 · Court of Appeals of Oregon · Jan 4, 2024

He noted that a qualified polygrapher had administered a polygraph examination to petitioner and had concluded that petitioner truthfully denied sexually abusing L. … It also established an open-ended procedure for reviewing orders in other than contested cases. Id. §18(6).

Warren v. Yamhill County

District Court, D. Oregon · Jan 3, 2024

On June 16, 2021, Rader was seen for several minutes by County employee Defendant Qualified Mental Health Professional (QMHP) Toni Sanzano. … Application Rader had a clearly established, constitutional right to adequate medical care under the Fourteenth Amendment. See Sandoval v.

State v. Shields

309 Or. App. 516 · Court of Appeals of Oregon · Mar 3, 2021

As such, the universe of relevant legal issues is clearly defined, and the questions presented on appeal are purely questions of law. … The state responds that “the court correctly cal- culated defendant’s criminal history score because some of the defendant’s Georgia convictions qualify as person felo- nies or Class A person misdemeanors under Oregon law

Menefee v. Washington County Sheriffs Office

District Court, D. Oregon · Jun 10, 2021

Should plaintiff file an Amended Complaint curing the substantive deficiencies noted below, the Court advises plaintiff to clearly identify all intended defendants in the caption thereof. … A § 1983 plaintiff must establish both causation-in-fact and proximate (i.e., legal) causation. See Harper v. City of Los Angeles, 533 F.3d 1010, 1026 (9th Cir. 2008).

Coffey v. BOARD OF GEOLOGIST EXAMINERS

348 Or. 494 · Oregon Supreme Court · Jul 9, 2010

To enable the board to accomplish that general mandate, the legislature has authorized the board to certify qualified applicants as registered geologists (ORS 672.555), has required the board to promulgate and distribute … Rather, the standard is established by expert testimony on a case-by-case basis.”

State v. Adams

340 Or. App. 661 · Court of Appeals of Oregon · May 29, 2025

And that’s basically establishing your best known match for this particular firearm.” … “In order to qualify as science, a proposition ‘must be derived by the scientific method.’

State v. Haynes

288 Or. 59 · Oregon Supreme Court · Nov 6, 1979

The prosecution and the trial court clearly accepted the stipulation on that understanding, and we need not speculate what the defendant might have done without this assurance. … That opinion was much qualified in recognition of the changes then occurring in protecting the constitutional rights of suspects, stating that "it is now clear that criminal convictions may be jeopardized on appeal by the

State v. Monaco

336 Or. App. 684 · Court of Appeals of Oregon · Dec 11, 2024

2020) (“Although the statements imply that it ultimately would be better for defendant to present his side of the matter to refute the vic- tim’s account, we do not view the detectives’ statements as an implied promise of immunity … Platt, expressly described the new felony-murder statute as creat- ing “strict liability” for death caused in the commission of a qualifying felony, while explaining why he supported adding the affirmative defense now codified

Kaste v. Land O'Lakes Purina Feed, LLC

284 Or. App. 233 · Court of Appeals of Oregon · Mar 8, 2017

Defendant asserted that the limitation on recovery of consequential damages precluded plaintiffs from obtaining any relief on their tort claims because, in defendant’s view, all tort damages sought by plaintiffs qualified … The determination of the sufficiency of the pleading is then made by looking at the sufficiency of the evidence to establish the claim rather than the sufficiency of the pleading.” Davis v.

Oregon Bank v. Department of Revenue

8 Or. Tax 291 · Oregon Tax Court · Mar 6, 1980

Henry qualified as an expert property appraiser, presenting a record of six years of employment with the Department of Assessment and Taxation, Multnomah County, Oregon, where he specialized in commercial-industrial appraisals … The court does not reject the possibility of proof of functional obsolescence, once the bank has had a sufficient history of use and data are collected which clearly demonstrate the quantum of economic loss in efficiency