Oregon Supreme Court Decisions 2020

Oregon ex rel Rosenblum v. Nisley  
Date: September 24, 2020
Docket Number: S067690

Justia Opinion Summary: Respondent Eric Nisley was elected to the office of Wasco County District Attorney and began serving a four-year term in January 2017. After respondent’s election, the Oregon State Bar charged him with several vi...

Oregon v. Weaver  
Date: September 3, 2020
Docket Number: S066636

Justia Opinion Summary: While defendant Francis Weaver was awaiting trial for murder, the state entered into a plea agreement with one of his codefendants, Michael Orren - a potential witness in defendant’s case. The plea agreement required Orr...

City of Damascus v. Oregon  
Date: September 3, 2020
Docket Number: S066939

Justia Opinion Summary: In Senate Bill (SB) 226 (2019), enacted as Oregon Laws 2019, chapter 545, sections 1 to 5, the Oregon Legislature sought to retroactively cure defects in a 2016 local election in which voters approved disincorporating th...

Summerfield v. OLCC  
Date: August 28, 2020
Docket Number: S066377

Justia Opinion Summary: Plaintiff Gene Summerfield, worked for defendant Oregon Liquor Control Commission (OLCC), in its warehouse. In his complaint plaintiff alleged that he and other African-Americans had been subjected to racial discriminati...

Oregon v. Haltom  
Date: August 28, 2020
Docket Number: S066955

Justia Opinion Summary: Defendant Austin Haltom was convicted of second-degree sexual abuse, defined in ORS 163.425(1)(a). In Oregon v. Simonov, 368 P3d 11 (2016), in the context of analyzing ORS 164.135(1)(a), the statute criminalized using a...

James v. Oregon  
Date: August 6, 2020
Docket Number: S066933

Justia Opinion Summary: The Oregon legislature made various changes to the Public Employees Retirement System (PERS) by enacting amendments set out in SB 1049, Or Laws 2019, ch 355. Petitioners were PERS members challenging two of those amendme...

Albany & Eastern Railroad Co. v. Martell  
Date: July 23, 2020
Docket Number: S066941

Justia Opinion Summary: Following a bench trial, the trial court determined that the residents of a small neighborhood (or their predecessors) who since 1942, used a railroad crossing on a private roadway to access their homes, had established...

Arvidson v. Liberty Northwest Ins. Corp.  
Date: July 16, 2020
Docket Number: S066746

Justia Opinion Summary: After claimant Danny Arvidson received an award of permanent total disability, insurer Liberty Northwest Insurance Corporation requested a hearing before an administrative law judge (ALJ) to review the award. The ALJ dis...

Busch v. McInnis Waste Systems, Inc.  
Date: July 9, 2020
Docket Number: S066098

Justia Opinion Summary: Plaintiff had the right-of-way and was walking across a crosswalk in downtown Portland when defendant’s garbage truck struck him. By the time the truck stopped, plaintiff’s leg was under the truck and attached to his bod...

Kinzua Resources v. DEQ  
Date: July 9, 2020
Docket Number: S066676

Justia Opinion Summary: The dispute in this case arose from an Environmental Quality Commission order, which concluded that petitioners were persons “controlling” an inactive landfill site and imposed liability on them for failing to per- form...

Pulito v. Board of Nursing  
Date: July 2, 2020
Docket Number: S066569

Justia Opinion Summary: The issue this case presented for the Oregon Supreme Court's review centered on a final order of the Oregon State Board of Nursing (the board) and the meaning of the term “time limitations” in ORS 183.645(1). That statut...

Oregon v. Payne  
Date: July 2, 2020
Docket Number: S066919

Justia Opinion Summary: During defendant Isaiah Payne's trial for third-degree sexual abuse, the complainant denied including a racial description of defendant in her statement to police and accused defense counsel of trying to make her look ra...

Buel/Markley v. Rosenblum  
Date: July 2, 2020
Docket Number: S067555

Justia Opinion Summary: By Legislative Referendum (LR) 401 (2020), the Oregon legislature asked voters to approve or reject a constitutional amendment that would permit the legislature, local governments, and the people through the initiative p...

M. A. B. v. Buell  
Date: June 18, 2020
Docket Number: S066752

Justia Opinion Summary: Petitioner M.A.B. applied for a Family Abuse Prevention Act (FAPA) protective order against respondent on October 9, 2017. Respondent and petitioner were married in 2014. Together, they had a son, J, who was born in 2015...

Elkhorn Baptist Church v. Brown  
Date: June 12, 2020
Docket Number: S067736

Justia Opinion Summary: The Oregon Governor issued executive orders in response to the coronavirus pandemic in early 2020. Because the virus spread through close personal contact and through the air, some of the orders have restricted the size...

Oregon v. Williams  
Date: June 4, 2020
Docket Number: S066872

Justia Opinion Summary: Defendant Olan Williams was charged with two counts of first-degree sodomy. The jury was instructed that it could return a nonunanimous guilty verdict. Defendant did not object. The jury acquitted defendant of one count...

Oregon v. Ulery  
Date: June 4, 2020
Docket Number: S067084

Justia Opinion Summary: Defendant Adrian Ulery was charged with two counts of first-degree sexual abuse, and he exercised his right to trial by jury. He did not object to the jury being instructed that it could return a nonunanimous guilty verd...

366 Or 490-93 Petitions for Review
Date: May 21, 2020
Docket Number: cdm17027
McCormick v. Oregon Parks & Recreation Dept.  
Date: May 21, 2020
Docket Number: S066206

Justia Opinion Summary: Plaintiff Benjamin McCormick brought this action against the State of Oregon for injuries he sustained while recreating in Lake Billy Chinook. The State moved for summary judgment, asserting that it was entitled to recre...

In re Harris
Date: May 21, 2020
Docket Number: S066593
Oregon v. Haji  
Date: May 7, 2020
Docket Number: S066254

Justia Opinion Summary: After a grand jury issued an indictment charging defendant Hanad Ali Haji with multiple offenses, the district attorney determined that the indictment could be challenged by demurrer because the basis for joining those o...

Multnomah County v. Mehrwein  
Date: April 23, 2020
Docket Number: S066445

Justia Opinion Summary: In the November 2016 election, Multnomah County voters approved Measure 26-184, an amendment to the Multnomah County Home Rule Charter containing campaign finance provisions. Multnomah County then adopted new ordinances,...

Portfolio Recovery Associates, LLC v. Sanders  
Date: April 23, 2020
Docket Number: S066455

Justia Opinion Summary: This case arose from Portfolio Recovery’s action to recover a credit card debt from respondent Jason Sanders under a common-law claim for an "account stated." The parties filed competing motions for summary judgment - Po...

Linn County v. Brown  
Date: April 23, 2020
Docket Number: S066856

Justia Opinion Summary: The original plaintiffs in this action were nine Oregon counties that sought declaratory relief, alleging that the Oregon paid sick leave law required them to spend money on a program without sufficient state reimburseme...

Citizens for Resp. Devel. in The Dalles v. Walmart  
Date: April 16, 2020
Docket Number: S066596

Justia Opinion Summary: The Oregon Department of State Lands (DSL) issued a permit, pursuant to ORS 196.825, for Wal-Mart Stores, Inc. (“Walmart”) to fill and remove some wetlands on private property in order to build a new store in The Dalles....

Hurst/Van Dusen v. Rosenblum  
Date: April 9, 2020
Docket Number: S067329

Justia Opinion Summary: In consolidated ballot title review cases, petitioner Hurst and petitioners Van Dusen and Steele challenged the Oregon Attorney General’s certified ballot title for Initiative Petition 50 (2020) (IP 50). If adopted, IP 5...

C.O. Homes, LLC v. Cleveland  
Date: March 5, 2020
Docket Number: S066504

Justia Opinion Summary: In this forcible entry and detainer (FED) action to recover possession of a residential dwelling unit, the issue presented for the Oregon Supreme Court's consideration was whether the trial court erred in allowing landlo...

Oregon v. Fulmer  
Date: March 5, 2020
Docket Number: S066654

Justia Opinion Summary: At issue in this case is evidence discovered in a purse during an inventory of an impounded vehicle. A Hillsboro police officer observed defendant Tamara Fulmer driving a vehicle with expired registration tags. The offic...

Hopkins/Starrett v. Rosenblum  
Date: March 5, 2020
Docket Number: S067200

Justia Opinion Summary: In consolidated cases, petitioners sought judicial review of the Oregon Attorney General’s certified ballot title for Initiative Petition 40 (2020) (IP 40). If enacted, IP 40 would establish requirements for securing fir...

Oregon v. Iseli  
Date: February 21, 2020
Docket Number: S066142

Justia Opinion Summary: This interlocutory appeal involves the “unavailability as a witness” requirement under Oregon Evidence Code (OEC) 804(1), for purposes of applying an exception to the hearsay rule in a criminal case. The State served a s...

Martinez v. Cain  
Date: February 21, 2020
Docket Number: S066253

Justia Opinion Summary: Petitioner Pedro Martinez was ‘playing with’ a gun, and asked the victim for his wallet. The victim refused. Petitioner then asked the victim to get out of his car, and the victim refused that request, too, saying "you a...

Eddy v. Anderson  
Date: February 21, 2020
Docket Number: S066301

Justia Opinion Summary: In this case, after defendants (tenants) were sued for collection of unpaid rent, they alleged a counterclaim for damages under ORS 90.360(2) on the ground that plaintiffs (landlords) had not maintained the premises in a...

In re Long
Date: February 21, 2020
Docket Number: S066327
Cox v. HP Inc. / HP Inc. v. T V Rheinland of North America, Inc.
Date: February 21, 2020
Docket Number: S067138
Cox v. HP Inc. / HP Inc. v. T V Rheinland of North America, Inc.
Date: February 20, 2020
Docket Number: S067138
Jones v. Four Corners Rod & Gun Club  
Date: January 30, 2020
Docket Number: S066044

Justia Opinion Summary: This appeal stemmed from plaintiff Rich Jones’ civil action to recover unpaid wages that defendant Four Corners Rod & Gun Club unlawfully withheld after the parties agreed to trade a lodging benefit for labor. Although O...

Oregon v. Andrews  
Date: January 16, 2020
Docket Number: S066479

Justia Opinion Summary: The state charged defendant Joshua Andrews with two crimes: one count of fourth- degree assault, and one count of harassment. At trial, the state presented evidence that defendant drove to the victim’s place of work, beg...

Friends of Columbia Gorge v. Energy Fac. Siting Coun.  
Date: January 16, 2020
Docket Number: S066993

Justia Opinion Summary: In Friends of Columbia Gorge v. Energy Fac. Siting Coun., 365 Or 371, 446 P3d 53 (2019), the Oregon Supreme Court held that the Energy Facility Siting Council had failed to substantially comply with a procedural requirem...

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