Oregon Supreme Court Decisions 2014

OR-OSHA v. CBI Services, Inc.  
Date: December 26, 2014
Docket Number: S061183

Justia Opinion Summary: At issue in this case is what ORS 654.086(2) means when it says that an employer "could not with the exercise of reasonable diligence know" of a violation. Employer CBI Services, Inc. performed work on a water treatment...

Oregon v. Avila-Nava  
Date: December 26, 2014
Docket Number: S061802

Justia Opinion Summary: This case presented the question of what standard applied to determine whether an unequivocal invocation of the right against self-incrimination was made and the particular question of whether, in the context in which th...

Epler v. Epler  
Date: December 26, 2014
Docket Number: S061818

Justia Opinion Summary: The issue this case presented for the Oregon Supreme Court's review centered on two issues: whether the legal presumption described in "Troxel v. Granville," (530 US 57 (2000) (plurality opinion)), that a fit parent acts...

Bagley v. Mt. Bachelor, Inc.  
Date: December 17, 2014
Docket Number: S061821

Justia Opinion Summary: The issue this case presented for the Oregon Supreme Court's review was whether an anticipatory release of a ski area operator’s liability for its own negligence in a ski pass agreement was enforceable. Plaintiff suffere...

Kennedy v. Wheeler  
Date: December 11, 2014
Docket Number: S061836

Justia Opinion Summary: Defendant drove through a stop sign and collided with a car in which plaintiff was a passenger. Plaintiff filed a negligence action, which was tried to a jury of twelve. The trial court instructed the jury that defendant...

Glasgow v. Dept. of Rev.  
Date: November 20, 2014
Docket Number: S061958

Justia Opinion Summary: Taxpayer Erma Glasgow challenged the Tax Court’s jurisdiction, its conclusion that she was liable for personal income taxes based on wages that she earned in tax years 2007 through 2010, and its assessment of a penalty f...

Oregon v. Bailey  
Date: November 6, 2014
Docket Number: S061647

Justia Opinion Summary: Police officers unlawfully detained defendant when he was a passenger in a car. During that detention, the officers ascertained defendant’s identity, ran a warrant check, and discovered defendant was the subject of an ou...

Oregon v. McAnulty  
Date: October 30, 2014
Docket Number: S059476

Justia Opinion Summary: The State charged defendant with one count of aggravated murder for the starvation, neglect and abuse of her daughter, "Jeanette," and one count of tampering with physical evidence. She moved to suppress statements she m...

Miller v. City of Portland  
Date: October 30, 2014
Docket Number: S061421

Justia Opinion Summary: Plaintiffs had been firefighters for the city of Portland when they suffered disabling injuries. The city's charger required it to provide disability benefits to its police and fire employees who suffer injuries in the c...

Comcast Corp. v. Dept. of Rev.  
Date: October 2, 2014
Docket Number: S059764

Justia Opinion Summary: This case was a direct appeal of an Oregon Tax Court Regular Division decision to set aside an Opinion and Order issued by the Director of the Department of Revenue. The primary issue this case presented to the Supreme C...

Cortez v. Nacco Material Handling Group, Inc.  
Date: October 2, 2014
Docket Number: S060604

Justia Opinion Summary: Plaintiff worked for a lumber mill, Sun Studs, LLC. One evening while walking from one area of the mill to another, a forklift hit and severely injured him. After receiving workers' compensation benefits, plaintiff broug...

Doyle v. City of Medford  
Date: October 2, 2014
Docket Number: S061463

Justia Opinion Summary: The issues this case presented for the Supreme Court were whether ORS 243.303(2) (which requires local governments to make available to retired employees, "insofar as and to the extent possible," the health care insuranc...

Gearhart v. PUC  
Date: October 2, 2014
Docket Number: S061517

Justia Opinion Summary: At issue in this case was an order of the Public Utility Commission (PUC) that addressed Portland General Electric's (PGE) recovery of its capital investment in the Trojan nuclear generating facility after that facility...

Village at Main Street Phase II v. Dept. of Rev.  
Date: September 18, 2014
Docket Number: S061133

Justia Opinion Summary: In consolidated property tax appeals, taxpayers challenged the valuation of their real property by the Clackamas County Assessor. In their appeals to the Magistrate Division of the Tax Court, they challenged only the val...

Jenkins v. Board of Parole  
Date: September 18, 2014
Docket Number: S061812

Justia Opinion Summary: This case centered on the interpretation and application of two statutes, ORS 144.335(3) and ORS 144.135, to a final order of the Board of Parole and Post-Prison Supervision that postponed petitioner’s release date from...

Oregon v. Musser  
Date: August 28, 2014
Docket Number: S060868

Justia Opinion Summary: In this case, a police officer on patrol encountered defendant at 10:00 p.m. in an area behind a shopping center where criminal activity frequently occurred. The officer stopped defendant and obtained her consent to sear...

Oregon v. Unger  
Date: August 28, 2014
Docket Number: S060888

Justia Opinion Summary: The state charged defendant with manufacture of cocaine and endangering the welfare of a minor, among other things. Before trial, defendant moved to suppress physical evidence and statements obtained by detectives after...

Oregon v. Lorenzo  
Date: August 28, 2014
Docket Number: S060969

Justia Opinion Summary: In this case, defendant challenged the trial court’s denial of his motion to suppress evidence obtained during a voluntary consent search, which had followed an officer reaching into defendant’s apartment to knock on his...

Oregon v. Walker  
Date: August 21, 2014
Docket Number: S060828

Justia Opinion Summary: The issue this case presented to the Supreme Court was what constitutes an "enterprise" within the meaning of the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO). Defendant was charged with one count of...

In re Gatti
Date: August 21, 2014
Docket Number: S061105
McCormick v. Brown
Date: August 19, 2014
Docket Number: S062505
Sea River Properties, LLC v. Parks  
Date: August 14, 2014
Docket Number: S061094

Justia Opinion Summary: Plaintiff Sea River Properties, LLC and defendant Loren Parks owned adjoining parcels of land on the central Oregon coast. After the United States government built two jetties to contain the Nehalem River, the ocean and...

Johnson v. Premo  
Date: August 14, 2014
Docket Number: S061670

Justia Opinion Summary: Petitioner Martin Johnson was convicted of eight counts of aggravated murder and sentenced to death. After an unsuccessful direct appeal, petitioner sought post-conviction relief, arguing (among other things) ineffective...

Oregon v. Holdorf  
Date: August 7, 2014
Docket Number: S060766

Justia Opinion Summary: Defendant was convicted of possession of marijuana and methamphetamine after police officers stopped him and discovered those controlled substances on him. The trial court concluded that the officer who stopped defendant...

Oregon v. Nix  
Date: August 7, 2014
Docket Number: S060875

Justia Opinion Summary: Defendant was found guilty of 20 counts of second-degree animal neglect. The issue on appeal to the Supreme Court in this case was whether defendant was guilty of 20 separately punishable offenses, which turned on the qu...

Oregon v. Ziska  
Date: August 7, 2014
Docket Number: S060946

Justia Opinion Summary: The issue presented in these two consolidated cases centered on the meaning of the term "use" in ORS 166.220(1)(a): "a person commits the crime of unlawful use of a weapon if he or she '[a]ttempts to use unlawfully again...

J. A. H. v. Heikkila  
Date: August 7, 2014
Docket Number: S061636

Justia Opinion Summary: In this case, the trial court granted wife’s petition for a restraining order against husband and entered that order in the trial court register on May 9, 2013. On June 10 2013, husband’s attorney filed a notice of appea...

Oregon v. Fessenden  
Date: August 7, 2014
Docket Number: S061740

Justia Opinion Summary: Codefendants Fessenden and Dicke jointly owned a horse, which they kept on Dicke’s property. Dicke’s neighbors called the sheriff’s office to report that the horse appeared to be starving. An officer with specialized tra...

Oregon v. Hickman  
Date: July 9, 2014
Docket Number: S061409

Justia Opinion Summary: A jury found defendant guilty of murder. The Court of Appeals reversed and remanded the case based on its conclusion that the trial court had erroneously admitted eyewitness testimony of two witnesses that identified def...

Oregon v. McClure  
Date: July 9, 2014
Docket Number: S061434

Justia Opinion Summary: Defendant was convicted of resisting arrest for violating the terms of his parole. Defendant argued on appeal that an "arrest," as used on ORS 162.315, required that a person be restrained or placed in custody for the pu...

Oregon v. Everett  
Date: June 26, 2014
Docket Number: S060300

Justia Opinion Summary: Defendant was charged with soliciting another person to commit aggravated murder. Evidence presented as trial showed that defendant asked the other person to deliver certain information to a third person which defendant...

In re Spencer
Date: June 26, 2014
Docket Number: S060977
Oregon v. Washington  
Date: June 19, 2014
Docket Number: S058490

Justia Opinion Summary: This case came before the Oregon Supreme Court on automatic appeal. Defendant Michael Washington was sentenced to death for the aggravated murder of Mohammed Jabbie. Defendant raised 22 alleged errors from both the guilt...

Montez v. Czerniak
Date: June 12, 2014
Docket Number: S059138
Ogle v. Nooth  
Date: June 12, 2014
Docket Number: S061162

Justia Opinion Summary: In October 2009, a jury found petitioner guilty of one count of second-degree assault constituting domestic violence, one count of possession of methamphetamine, and two counts of endangering the welfare of a minor. The...

In re Sione
Date: June 12, 2014
Docket Number: S061766
State v. Valencia
Date: June 2, 2014
Docket Number: S061909
State v. Glassmyer
Date: June 2, 2014
Docket Number: S062291
State v. Glassmyer
Date: June 2, 2014
Docket Number: S062297
Hall v. Oregon  
Date: May 30, 2014
Docket Number: S060879

Justia Opinion Summary: Plaintiffs, the owners of real property in Linn County, brought an inverse condemnation action against the Oregon Department of Transportation (ODOT). Plaintiffs alleged that ODOT, by repeatedly making representations to...

Brumwell v. Premo  
Date: May 30, 2014
Docket Number: S060980

Justia Opinion Summary: Petitioner, the petitioner in the underlying post-conviction case, sought a writ of mandamus to compel the Marion County Circuit Court to issue a protective order with respect to documents and communications subject to t...

Longo v. Premo  
Date: May 30, 2014
Docket Number: S061072

Justia Opinion Summary: Petitioner sought a writ of mandamus to compel the Marion County Circuit Court to issue a protective order with respect to documents and communications subject to the lawyer-client privilege. Petitioner’s proposed protec...

Crimson Trace Corp. v. Davis Wright Tremaine LLP  
Date: May 30, 2014
Docket Number: S061086

Justia Opinion Summary: Davis Wright Tremaine LLP ("DWT") challenged a trial court order compelling production of certain materials that, in DWT’s view, were protected under the attorney-client privilege. The trial court issued the order in the...

Oregon v. Bowen  
Date: May 30, 2014
Docket Number: S061149

Justia Opinion Summary: In 2002, defendant Gregory Bowen assaulted his ex-girlfriend and, in a different incident the same day, killed a friend and committed theft from that victim. Defendant was charged with two alternative counts of aggravate...

Oregon v. A. J. C.  
Date: May 30, 2014
Docket Number: S061191

Justia Opinion Summary: The juvenile court took jurisdiction over A.J.C. for conduct that, if committed by an adult, would have constituted possession of a firearm in a public building, unlawful possession of a firearm, unlawful use of a weapon...

McCann v. Rosenblum  
Date: May 30, 2014
Docket Number: S062154

Justia Opinion Summary: In a consolidated ballot title case, three sets of petitioners have petitioned the Supreme Court to review the ballot title for Initiative Petition 58. Initiative Petition 58 (IP 58), essentially identical to Initiative...

Oregon v. Babson  
Date: May 15, 2014
Docket Number: S060455

Justia Opinion Summary: Defendants held an around-the-clock vigil on the steps of the state capitol to protest the deployment of Oregon National Guard troops to Iraq and Afghanistan. During that vigil, the state police cited defendants for seco...

Noble v. Dept. of Fish & Wildlife  
Date: May 15, 2014
Docket Number: S060581

Justia Opinion Summary: The Court of Appeals rejected petitioners' contention that Oregon Department of Fish and Wildlife's (ODFW) approval of "channel-spanning fishways" associated with two small, privately maintained dams downstream from thei...

Dunn v. City of Milwaukie  
Date: May 8, 2014
Docket Number: S059316

Justia Opinion Summary: The City of Milwaukie used highly pressurized water to clean sewer lines adjacent to plaintiff's house, causing sewage to back up through toilets and bathroom fixtures. Plaintiff sued the city seeking compensation for th...

Two Two v. Fujitec America, Inc.  
Date: May 8, 2014
Docket Number: S061536

Justia Opinion Summary: Plaintiffs Linda Two Two and Patricia Fodge filed a complaint against defendant that included claims for negligence and strict liability. Plaintiffs alleged that they had been injured in separate incidents in 2008 when a...

Dixon v. Rosenblum  
Date: May 8, 2014
Docket Number: S062043

Justia Opinion Summary: Petitioners sought review of the ballot title for Initiative Petition 38 (2014) (IP 38), arguing that the ballot title does not satisfy the requirements of ORS 250.035(2). IP 38, if adopted, would alter the Oregon primar...

Bates v. Rosenblum  
Date: May 8, 2014
Docket Number: S062075

Justia Opinion Summary: Petitioners sought review of the ballot title for Initiative Petition 44 (2014) that if adopted, would have enacted statutory provisions to impose certain requirements on food manufacturers and retailers concerning the l...

Kohring v. Ballard  
Date: April 24, 2014
Docket Number: S060533

Justia Opinion Summary: The issue in this mandamus proceeding was whether the trial court correctly denied defendants' motion to change venue. Plaintiffs, a husband and wife, initiated a medical malpractice action against defendants in Multnoma...

Sunset Presbyterian Church v. Brockamp & Jaeger  
Date: April 24, 2014
Docket Number: S061171

Justia Opinion Summary: Plaintiff Sunset Presbyterian Church contracted with defendant Brockamp & Jaeger to act as its general contractor and build a new church facility. Defendant then subcontracted with Anderson Roofing Company and other subc...

Dept. of Human Services v. S. M.  
Date: April 24, 2014
Docket Number: S061386

Justia Opinion Summary: Mother and father are the parents of eight children, who ranged in age from one to ten years old when this case began. After a neighbor notified DHS about the conditions in parents' home, a DHS caseworker checked on thos...

PIH Beaverton, LLC v. Super One, Inc.  
Date: April 24, 2014
Docket Number: S061488

Justia Opinion Summary: Defendant general contractor Super One, Inc., and various subcontractors, including defendant subcontractor T. T. & L. Sheet Metal, Inc., contracted with VIP's Industries, Inc. and VIP's Motor Inns, Inc. (VIP's) to build...

McCann v. Rosenblum  
Date: April 24, 2014
Docket Number: S062082

Justia Opinion Summary: In a consolidated ballot title case, three sets of petitioners asked the Supreme Court to review the ballot title for Initiative Petition 47 (2014). Initiative Petition 47 (IP 47), if enacted, would have changed the way...

Oregon v. Serrano  
Date: April 16, 2014
Docket Number: S058390

Justia Opinion Summary: This case came before this court on automatic and direct review of defendant's judgment of conviction and sentence of death for multiple counts of aggravated murder. Defendant raised 30 assignments of error. The Supreme...

Karuk Tribe of California v. TriMet
Date: April 16, 2014
Docket Number: S059484
Purdy v. Deere & Company  
Date: April 16, 2014
Docket Number: S060993

Justia Opinion Summary: In this product liability action, plaintiff appealed a judgment for defendants after a jury trial. The Court of Appeals affirmed without considering the merits of nine of plaintiff's ten assignments of instructional and...

Westfall v. Oregon  
Date: April 10, 2014
Docket Number: S060416

Justia Opinion Summary: Plaintiff Chester Westfall brought a civil action against the State claiming that the Department of Corrections had kept him in prison longer than his lawful term of incarceration. Specifically, he alleged that the depar...

Montez v. Czerniak  
Date: March 20, 2014
Docket Number: S059138

Justia Opinion Summary: Petitioner Marco Montez was convicted of aggravated murder for which he received the death sentence. He sought post-conviction relief, arguing he received ineffective assistance of counsel during the 1992 penalty-phase p...

Peace River Seed Co-Op v. Proseeds Marketing  
Date: March 20, 2014
Docket Number: S060957

Justia Opinion Summary: Plaintiff, a seller seeking damages from a buyer that breached contracts to purchase goods, argued at trial that it was entitled to recover its market price damages. The trial court determined that plaintiff was entitled...

Herald v. Steadman  
Date: March 20, 2014
Docket Number: S061362

Justia Opinion Summary: The parties were married for 21 years. At the time of trial, husband was 51 and wife was 53. Husband was a practicing attorney with the Army Corps of Engineers. Wife worked at the Bonneville Power Administration. Both pa...

Oregon v. Lopes  
Date: March 20, 2014
Docket Number: S061395

Justia Opinion Summary: Relator James Lopes sought a peremptory writ of mandamus to direct the Multnomah County Circuit Court to vacate an order authorizing the involuntary administration of medication for the purpose of restoring relator's tri...

State v. Moore
Date: February 27, 2014
Docket Number: S060134
Wright v. Turner  
Date: February 20, 2014
Docket Number: S060960

Justia Opinion Summary: Plaintiff was injured when one negligent driver and (shortly thereafter) another negligent driver collided with the truck in which plaintiff was a passenger. The underinsured motorist benefits available to plaintiff unde...

Oregon v. Supanchick  
Date: February 13, 2014
Docket Number: S060017

Justia Opinion Summary: In 2005, the Oregon Legislature added a new exception to the prohibition against the admission of hearsay evidence. Throughout the litigation, defendant argued that his wife's hearsay statements did not come within the t...

Evergreen West Business Center, LLC v. Emmert  
Date: February 13, 2014
Docket Number: S061049

Justia Opinion Summary: The issue before the Supreme Court in this case centered on alternative legal and equitable claims for damages and a constructive trust on real property that arose from the same breach of fiduciary duty. The primary issu...

Chase v. Chase  
Date: February 13, 2014
Docket Number: S061222

Justia Opinion Summary: Father sought review of a judgment for unpaid past child support. In the judgment document, the circuit court imposed judgment for the unpaid installments and accrued interest on each installment, and postjudgment intere...

Milne v. Rosenblum  
Date: February 13, 2014
Docket Number: S061785

Justia Opinion Summary: Petitioners sought review of the Attorney General's certified ballot title for Initiative Petition 31 (2014). IP 31 ("Oregon Lottery Local Control Act") was a proposed constitutional amendment that would dedicate 50 perc...

McCann v. Rosenblum  
Date: February 13, 2014
Docket Number: S061850

Justia Opinion Summary: Petitioners McCann and Harmon sought review of the Attorney General's certified ballot title for Initiative Petition 33 (2014). Initiative Petition 33 (IP 33) would make substantive changes to Oregon tax law. After revie...

Rice v. Rabb  
Date: January 30, 2014
Docket Number: S060790

Justia Opinion Summary: Lois McIntyre was the 1930 "Queen of the Pendleton Round-Up." As queen, she was given a "Queen Outfit" that consisted of a white satin shirt, a white leather vest and riding skirt with black and white fringe, and a black...

State v. Zolotoff  
Date: January 30, 2014
Docket Number: S061003

Justia Opinion Summary: A jury convicted defendant of possession of a weapon by an inmate. The State conceded on appeal that the trial court erred when it denied defendant's request that it instruct the jury on a lesser-included offense of atte...

McCann / Harmon v. Rosenblum  
Date: January 30, 2014
Docket Number: S061799

Justia Opinion Summary: Initiative Petition 30, if adopted, would have changed the minimum tax corporations paid: it would have eliminated the current cap on minimum taxes, and changed the cap on certain others. Petitioners sought review of the...

Blanchana, LLC v. Bureau of Labor & Industries  
Date: January 16, 2014
Docket Number: S060789

Justia Opinion Summary: In a wage claim case, the issue before the Supreme Court was whether the Bureau of Labor and Industries (BOLI) correctly determined that a business entity, Blachana, LLC, was a "successor" employer and must, therefore, r...

In re McCarthy
Date: January 16, 2014
Docket Number: S060882
Moro v. Oregon  
Date: January 16, 2014
Docket Number: S061452

Justia Opinion Summary: Four cases challenged the constitutionality of Senate Bill (SB) 822, which was passed by the 2013 Legislative Assembly during its regular session, and SB 861, passed during a special session in October 2013. Both bills c...

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