Oregon Supreme Court Decisions 2019

Oregon v. Harrison  
Date: October 10, 2019
Docket Number: S066132

Justia Opinion Summary: Police Officer Hopkins initiated a traffic stop of defendant Khalistan Harrison. As Hopkins approached defendant’s stopped vehicle, defendant stepped out of the car, left the driver’s side door open, and began walking aw...

Wadsworth v. Talmage  
Date: October 10, 2019
Docket Number: S066414

Justia Opinion Summary: The United States Court of Appeals for the Ninth Circuit certified a question of law to the Oregon Supreme Court on whether a constructive trust arises at the moment of purchase of a property using fraudulently- obtained...

Parrish v. Rosenblum  
Date: October 10, 2019
Docket Number: S066812

Justia Opinion Summary: Petitioner Julie Parrish challenged the Attorney General’s certified ballot title for Initiative Petition 13 (2020) (IP 13). Intervenor Uherbelau intervened generally in support of the Attorney General’s certified ballot...

McLaughlin v. Wilson  
Date: September 12, 2019
Docket Number: S066047

Justia Opinion Summary: In this case, the Oregon Supreme Court was asked to decide the scope of the state civil rights laws and antiretaliation provision in ORS 659A.030(1)(f). The question before the Court was whether the retaliation prohibite...

Botofan-Miller and Miller  
Date: August 15, 2019
Docket Number: S065723

Justia Opinion Summary: Before the Oregon Supreme Court in this case was a child custody dispute arising out of father’s motion to modify a custody determination made at the time of the dissolution of the parties’ marriage, which awarded mother...

Fletchall v. Rosenblum
Date: August 15, 2019
Docket Number: S066460
J. O. v. Charles Hare Enterprises, Inc.
Date: August 15, 2019
Docket Number: S066615
Oregon v. Carpenter  
Date: August 8, 2019
Docket Number: S065374

Justia Opinion Summary: Defendant Shannon Carpenter was charged with hindering prosecution through concealment under ORS 162.325(1)(a). The State contended defendant had concealed a person for whom police had an arrest warrant. The State allege...

Caren v. Providence Health System Oregon  
Date: August 8, 2019
Docket Number: S065553

Justia Opinion Summary: The dispute in this workers’ compensation case arises out of a question relating to overlapping statutory provisions that control the determination of permanent partial disability. ORS 656.214 obligated employers to prov...

Meng v. University of Oregon
Date: August 8, 2019
Docket Number: S066780
State v. Langley
Date: August 1, 2019
Docket Number: S062353
Kramer v. City of Lake Oswego  
Date: August 1, 2019
Docket Number: S065014

Justia Opinion Summary: Plaintiffs sought a declaration that the City of Lake Oswego had allow them recreational access to Oswego Lake, either from the shoreline of the city’s waterfront parks (from which the city prohibits all water access) or...

State v. Savinskiy
Date: August 1, 2019
Docket Number: S065257
Friends of Columbia Gorge v. Energy Fac. Siting Coun.  
Date: August 1, 2019
Docket Number: S065478

Justia Opinion Summary: The Energy Facility Siting Council modified its rules that govern amending site certificates. Petitioners challenged the validity of the new rules, arguing that the council failed to comply with required rulemaking proce...

Troubled Asset Solutions v. Wilcher  
Date: August 1, 2019
Docket Number: S066097

Justia Opinion Summary: Sierra Development, LLC (Sierra), a real estate development company in which both Eddie Wilcher and his son were involved, borrowed approximately $5 million from The Mortgage Exchange (MEX), the predecessor in interest o...

Eastern Oregon Mining Assoc. v. DEQ  
Date: July 25, 2019
Docket Number: S065097

Justia Opinion Summary: Acting under authority delegated by the EPA, the Oregon Department of Environmental Quality (DEQ) issued a general permit in 2010 for the discharge of certain pollutants resulting from suction dredge mining. Petitioners...

Powell Street I v. Multnomah County Assessor  
Date: July 25, 2019
Docket Number: S065290

Justia Opinion Summary: The issue this case raised for the Oregon Supreme Court’s review centered on the proper valuation, for property tax purposes, of a shopping center that did not have an anchor tenant on the assessment date. The Tax Court...

Oregon v. Gensitskiy  
Date: July 25, 2019
Docket Number: S065317

Justia Opinion Summary: The State charged defendant Viktor Gensitskiy with one count of aggravated identity theft, based on his possession of files containing personal information regarding 27 other persons. Based on that same conduct, the Stat...

Dept. of Human Services v. J. C.  
Date: July 18, 2019
Docket Number: S065492

Justia Opinion Summary: In the juvenile court, mother moved to terminate the court’s wardship over her child, A, and vacate the general guardianship the court had established. Mother’s motion was premised on her assertion that the factual basis...

Pilling v. Travelers Ins. Co.  
Date: July 18, 2019
Docket Number: S065737

Justia Opinion Summary: Claimant Mark Pilling filed a claim for workers' compensation benefits which insurer Travelers Insurance denied. An administrative law judge (ALJ) reversed insurer’s denial, but the Workers’ Compensation Board reversed t...

Ossanna v. Nike, Inc.  
Date: July 18, 2019
Docket Number: S065889

Justia Opinion Summary: After being terminated by defendant Nike, Inc., plaintiff Douglas Ossanna sued his former employer. Plaintiff alleged, among other things, that Nike had unlawfully fired him in retaliation for his safety complaints and f...

Oregon v. Toth  
Date: June 13, 2019
Docket Number: S065929

Justia Opinion Summary: Defendant Steven Toth was the manager of a strip club in the Beaverton area. Victor Moreno-Hernandez brought S, a thirteen-year-old girl, to defendant’s strip club, where defendant and Moreno-Hernandez agreed that S woul...

Oregon v. Moreno-Hernandez  
Date: June 13, 2019
Docket Number: S065930

Justia Opinion Summary: In 2012, defendant Victor Moreno-Hernandez, an adult man, met S, a thirteen-year-old girl. S moved in with defendant, and he had sex with her multiple times. He also supplied her with methamphetamine. Defendant introduce...

Dept. of Human Services v. T. M. D.  
Date: June 13, 2019
Docket Number: S066066

Justia Opinion Summary: The juvenile court determined that mother was unfit and that it was improbable that child could be returned to mother’s care within a reasonable period of time, satisfying the requirements of ORS 419B.504. However, the c...

Oregon v. Gutierrez-Medina  
Date: June 6, 2019
Docket Number: S065297

Justia Opinion Summary: Defendant Jorge Gutierrez-Medina was driving under the influence of intoxicants late at night when he struck another person who had walked onto the road in a dark area not marked for pedestrians. Defendant pled guilty to...

Oregon v. Sperou  
Date: June 6, 2019
Docket Number: S065471

Justia Opinion Summary: Defendant Michael Sperou was charged with first-degree unlawful penetration for alleged crimes committed against a girl (“SC”) who belonged to the church defendant led as pastor. Before trial, the State disclosed it woul...

Eugene Water and Electric Board v. PERB  
Date: June 6, 2019
Docket Number: S065686

Justia Opinion Summary: Initially, respondent John Wigle worked for petitioner Eugene Water and Electric Board (EWEB) as a temporary worker through a temporary staffing agency. EWEB later hired Wigle as a regular employee. When Wigle retired fr...

Fletchall v. Rosenblum  
Date: June 6, 2019
Docket Number: S066460

Justia Opinion Summary: The Oregon Supreme Court considered three separate petitions that challenged the Oregon Attorney General’s ballot title for Initiative Petition 5 (2020). IP 5 would repeal and replace a provision in the Oregon Constituti...

White v. Premo  
Date: May 31, 2019
Docket Number: S065188

Justia Opinion Summary: In this post-conviction proceeding, petitioner Lydell White, a juvenile offender, was convicted along with his twin brother Laycelle for aggravated murder and murder. He contended on petition for post-conviction relief t...

White v. Premo  
Date: May 31, 2019
Docket Number: S065223

Justia Opinion Summary: Along with his twin brother, Lydell, petitioner Laycelle White was charged with and convicted of aggravated murder and murder, receiving a sentence of life with the possibility of parole for the murder of one victim and...

Oregon v. Riley  
Date: May 31, 2019
Docket Number: S065640

Justia Opinion Summary: Defendant Jemaell Riley was convicted of committing multiple crimes with two accomplices. His convictions for six of those counts depended almost entirely on the testimony of his accomplices, who had entered into a coope...

Garcia-Solis v. Farmers Ins. Co.  
Date: May 31, 2019
Docket Number: S065956

Justia Opinion Summary: Claimant Elvia Garcia-Solis was injured in a work-related accident. Farmers Insurance Company and Yeaun Corporation (collectively, “Insurer”) accepted a workers’ compensation claim and certain specified medical condition...

Sheldon v. US Bank
Date: May 23, 2019
Docket Number: S064478
State v. Savinskiy
Date: May 23, 2019
Docket Number: S065257
United States v. Lawrence/Ankeny
Date: May 23, 2019
Docket Number: S066187
Sheldon v. US Bank  
Date: May 22, 2019
Docket Number: S064478

Justia Opinion Summary: Claimant Catherine Sheldon injured her shoulder after falling in the lobby of the office building where she worked. Claimant contended she suffered a compensable injury that arose out of employment because her fall was u...

Oregon v. Savinskiy  
Date: May 22, 2019
Docket Number: S065257

Justia Opinion Summary: While defendant Yevgeniy Savinskiy was incarcerated and awaiting trial on pending criminal charges, law enforcement officers learned he solicited another inmate to harm the prosecutor and murder two of the anticipated wi...

United States v. Lawrence/Ankeny  
Date: May 22, 2019
Docket Number: S066187

Justia Opinion Summary: The Oregon Supreme Court declined to answer certified questions posed by the United States Court of Appeals for the Ninth Circuit. In consolidated cases, the Ninth Circuit certified three questions concerning how predica...

Oregon v. Lien  
Date: May 9, 2019
Docket Number: S064826

Justia Opinion Summary: Police officers discovered incriminating drug-related evidence in defendants Tracy Lien and Travis Wilverdin's garbage by having a sanitation company manager specially pick up defendants’ garbage bin on trash pick-up day...

LandWatch Lane County v. Lane County  
Date: April 25, 2019
Docket Number: S065917

Justia Opinion Summary: Kay King owned land zoned for exclusive farm use (EFU). She received county approval to replace three dwellings on the property that had been demolished in 1997. The issue this case presented for the Oregon Supreme Court...

Gadalean v. SAIF  
Date: April 18, 2019
Docket Number: S065203

Justia Opinion Summary: Claimant Cozmin Gadalean, a commercial truck driver, was sent on a supervised delivery by and for employer as a pre-employment drive test. He was injured when he fell from employer’s truck. The Workers’ Compensation Boar...

Oregon v. Uroza-Zuniga  
Date: April 18, 2019
Docket Number: S065368

Justia Opinion Summary: This case began with Petitioner Victor Uroza-Zuniga's arrest for public drinking, in violation of the Beaverton, Oregon City Code. That arrest led to a search, a charge of drug possession, a denied motion to suppress, a...

Oregon v. Sparks  
Date: April 18, 2019
Docket Number: S065728

Justia Opinion Summary: Defendant Patrick Sparks appealed the trial court’s imposition of three consecutive probation revocation sanctions, the Court of Appeals affirmed, and the Oregon Supreme Court allowed defendant’s petition for review. On...

Sloan v. Providence Health System-Oregon  
Date: April 4, 2019
Docket Number: S064748

Justia Opinion Summary: Acting as the personal representative of his father’s estate, plaintiff Dennis Sloan brought a medical negligence action against defendants Providence Health System-Oregon and Apogee Medical Group, P.C. Plaintiff claimed...

Chavez v. Oregon  
Date: April 4, 2019
Docket Number: S064968

Justia Opinion Summary: In 1999, petitioner Esteban Chavez pled guilty to delivering cocaine. In 2011, he petitioned for post-conviction relief, relying on Padilla v. Kentucky, 559 US 356 (2010), and arguing his trial attorney failed to advise...

Vasquez v. Double Press Mfg., Inc.  
Date: April 4, 2019
Docket Number: S065574

Justia Opinion Summary: Defendant Double Press Manufacturing, Inc. petitioned for review of a Court of Appeals decision affirming a trial court judgment against defendant that included an award of noneconomic damages to plaintiff Zeferino Vasqu...

Orgon v. Black  
Date: April 4, 2019
Docket Number: S065729

Justia Opinion Summary: A teenage boy, GP, who had been dating defendant Jonathan Black’s daughter, reported that defendant had had inappropriate sexual contact with him at defendant’s residence. That report triggered an investigation, and that...

State v. Sholedice/Smith
Date: March 28, 2019
Docket Number: S064787
Foote v. Oregon  
Date: March 28, 2019
Docket Number: S065883

Justia Opinion Summary: Plaintiffs in this case were Clackamas County District Attorney John Foote and two individuals, Mary Elledge and Deborah Mapes-Stice, who identified themselves as both crime victims and voters. Together, plaintiffs broug...

Oregon v. Vallin  
Date: March 28, 2019
Docket Number: S065957

Justia Opinion Summary: In previous proceedings before the Oregon Supreme Court, the Court agreed with defendant Santiago Vallin that the trial court had erred in imposing a sentence under ORS 137.717(1)(b) (2015). The Court concluded the 2017...

Schutz v. La Costita III, Inc.  
Date: March 14, 2019
Docket Number: S065638

Justia Opinion Summary: In the three months plaintiff Ashley Schutz worked for Defendant O’Brien Constructors and project manager Keely O’Brien, she had declined multiple invitations by Keely O’Brien to join him and other coworkers for drinks a...

Stop the Dump Coalition v. Yamhill County  
Date: February 28, 2019
Docket Number: S064894

Justia Opinion Summary: Intervenor-respondent Riverbend Landfill Co. sought to expand its solid waste landfill in Yamhill County, Oregon on land zoned for exclusive farm use (EFU). Respondent Yamhill County determined for a second time that, wi...

Perez-Rodriguez v. Oregon  
Date: February 28, 2019
Docket Number: S065022

Justia Opinion Summary: The Oregon Supreme Court allowed review of two cases this case, and Gutale v. Oregon, 395 P3d 942 (2017), requiring it to interpret the meaning and scope of the "escape clause" found in ORS 138.510(3). In both cases, pet...

Oregon v. McColly  
Date: February 28, 2019
Docket Number: S065089

Justia Opinion Summary: Defendant Dawn McColly failed to appear for a scheduled trial call, but, before that date, she had not been released following arrest, detention, or confinement. Instead, as part of a voluntary arraignment appearance, th...

Gutale v. Oregon  
Date: February 28, 2019
Docket Number: S065136

Justia Opinion Summary: Petitioner Abdulla Gutale was an immigrant who pleaded guilty to the crime of sex abuse in the third degree. He alleged in a petition for post-conviction relief that his trial counsel had failed to inform him of the immi...

Oregon v. Edmonds  
Date: February 28, 2019
Docket Number: S065355

Justia Opinion Summary: In 2015, defendant Kelly Edmonds was charged with having raped a five-year-old girl in 1994 or 1995. At the time that the crime occurred, defendant’s wife operated a daycare service out of her and defendant’s home. The v...

Oregon v. Taylor  
Date: February 7, 2019
Docket Number: S062310

Justia Opinion Summary: A jury sentenced defendant David Taylor to death after he was convicted of aggravated murder, kidnapping, and other crimes against Celestino Gutierrez, as well as multiple offenses arising out of two bank robberies. In t...

Shriners Hospitals for Children v. Cox  
Date: February 7, 2019
Docket Number: S064390

Justia Opinion Summary: Shriners Hospitals for Children brought this action against defendant Michael Cox to collect on a note and obtained a default judgment against him. Shriners’ argument that defendant was judicially estopped from moving to...

Oregon v. Banks  
Date: February 7, 2019
Docket Number: S065180

Justia Opinion Summary: Defendant Rodney Banks was arrested for driving under the influence of intoxicants (DUII) and, when asked, refused to take a breath test, which would have revealed the percentage of alcohol in his blood. The Oregon Supre...

Jackson v. Franke  
Date: January 31, 2019
Docket Number: S064876

Justia Opinion Summary: Petitioner Melton Jackson, Jr. was tried on charges of first-degree sexual abuse and first-degree sodomy in 2001. At trial, petitioner’s counsel did not object to certain testimony, and controlling case law at that time...

Oregon v. Vallin  
Date: January 31, 2019
Docket Number: S065957

Justia Opinion Summary: Defendant Santiago Vallin was charged with first-degree theft in June 2017. At that time, ORS 137.717 provided a presumptive sentence of 18 months imprisonment for first-degree theft for defendants having two prior convi...

DISH Network Corp. v. Dept. of Rev.  
Date: January 25, 2019
Docket Number: S065019

Justia Opinion Summary: In 2009, DISH Network Corporation (DISH) received an assessment order from the Oregon Department of Revenue showing that its property in Oregon for tax purposes was valued at an amount that exceeded the previous year’s v...

J. M. v. Oregon Youth Authority  
Date: January 17, 2019
Docket Number: S065487

Justia Opinion Summary: Sixteen years after he had been sexually abused by an Oregon Youth Authority (OYA) employee, plaintiff filed suit; the issue on review was plaintiff’s 42 U.S.C. section 1983 claim against defendant Gary Lawhead, former s...

Oregon Trucking Assns. v. Dept. of Transportation  
Date: January 10, 2019
Docket Number: S065529

Justia Opinion Summary: The Oregon Department of Transportation (ODOT) owned driver records, which were considered as assets of the State Highway Fund and subject to use restrictions set out in Article IX, section 3a, of the Oregon Constitution...

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