Oregon Supreme Court Decisions 2021

Dept. of Human Services v. P. D.  
Date: October 14, 2021
Docket Number: S068041

Justia Opinion Summary: Two juvenile dependency cases were consolidated for the Oregon Supreme Court’s review because they presented the same issue on review: whether the juvenile court’s dependency judgments establishing jurisdiction and wards...

Oregon v. Bartol  
Date: October 7, 2021
Docket Number: S064485

Justia Opinion Summary: Defendant David Bartol was sentenced to death for aggravated murder; review by the Oregon Supreme Court was direct and automatic. Defendant made numerous challenges to both his conviction and sentence. The Court rejected...

Khalaf v. Dept. of Rev.  
Date: September 30, 2021
Docket Number: S067721

Justia Opinion Summary: Rami Khalaf (“taxpayer”) was in the business of buying products for customers in the United Arab Emirates, primarily all-terrain vehicles (ATVs). He sought to claim certain business deductions on his 2013 income tax retu...

Oregon v. Kragt  
Date: September 30, 2021
Docket Number: S067872

Justia Opinion Summary: After defendant Randall Kragt pled guilty to three counts of first-degree sodomy (Counts 1, 3, and 5), the trial court sentenced him: for Count 1, 60 months in prison; for Count 3, 100 months in prison, concurrent with C...

Batten v. State Farm Mutual Automobile Ins. Co.  
Date: September 17, 2021
Docket Number: S067887

Justia Opinion Summary: Consolidated cases presented a certified question from the United States District Court for the District of Oregon. The Oregon Supreme Court was asked to determine whether Oregon law precluded an insurer from limiting it...

Dept. of Human Services v. J. S.  
Date: September 17, 2021
Docket Number: S068044

Justia Opinion Summary: Two juvenile dependency cases raised an issue of the scope of a juvenile court’s temporary emergency jurisdiction under ORS 109.751, which was part of Oregon’s enactment of the Uniform Child Custody Jurisdiction and Enfo...

Cox v. HP Inc.  
Date: August 5, 2021
Docket Number: S067138

Justia Opinion Summary: This case arose out of the explosion of a hydrogen generator at the campus of HP, Inc., which severely injured plaintiff William Cox. After Cox and his wife filed suit against HP in an Oregon court, HP brought a third-pa...

In re Long
Date: July 29, 2021
Docket Number: S067095
Sherman v. Dept. of Human Services  
Date: July 29, 2021
Docket Number: S067742

Justia Opinion Summary: Plaintiff Janae Sherman brought child abuse claims against the Oregon Department of Human Services (defendant), alleging that it had negligently failed to protect her from abuse while she was in foster care. Defendant mo...

Estate of Evans v. Dept. of Rev.  
Date: July 29, 2021
Docket Number: S067899

Justia Opinion Summary: The estate of Helene Evans, a deceased Oregon resident, challenged the Oregon Tax Court’s determination that the Department of Revenue lawfully included in Evans’s taxable Oregon estate the principal assets of a Montana...

Oregon v. Hightower  
Date: July 22, 2021
Docket Number: S067539

Justia Opinion Summary: In the Oregon Supreme Court's first decision in this case (393 P3d 224 (2017) (Hightower I)), it determined the trial court had erred when it denied defendant’s midtrial request to dismiss counsel and represent himself...

In re Conry
Date: July 15, 2021
Docket Number: S067502
Level 3 Communications, LLC v. Dept. of Rev.  
Date: July 1, 2021
Docket Number: S067283

Justia Opinion Summary: Taxpayer Level 3 Communications, LLC (Level 3) challenged the Oregon Tax Court’s determination of the real market value of its tangible and intangible property for the 2014-15, 2015-16, and 2016-17 tax years. Level 3 arg...

Simi v. LTI Inc. - Lynden Inc.  
Date: July 1, 2021
Docket Number: S067483

Justia Opinion Summary: In a workers’ compensation case, the issue presented for the Oregon Supreme Court's review centered on the scope of an employer’s obligation under ORS 656.262(7)(c) to reopen a closed claim for processing if a “condition...

Deep Photonics Corp. v. LaChapelle  
Date: July 1, 2021
Docket Number: S067853

Justia Opinion Summary: In a shareholder derivative action, two issues were presented for the Oregon Supreme Court's review: (1) whether the breach of fiduciary duty claims brought by shareholders-plaintiffs Joseph LaChapelle and James Field on...

Allianz Global Risks v. ACE Property & Casualty Ins. Co.  
Date: June 24, 2021
Docket Number: S067017

Justia Opinion Summary: Various parties petitioned the Oregon Supreme Court for reconsideration of its decision in Allianz Global Risks v. ACE Property & Casualty Ins. Co., 483 P3d 1124 (2021). Petitioner on review Allianz Global Risks US Insur...

Strasser v. Oregon  
Date: June 24, 2021
Docket Number: S067541

Justia Opinion Summary: Petitioner Ronald Strasser, whose direct appeal of his conviction, was dismissed by the Court of Appeals as untimely filed, argued in a subsequent post-conviction proceeding that appellate counsel was constitutionally in...

Wright v. Turner  
Date: June 17, 2021
Docket Number: S067882

Justia Opinion Summary: Plaintiff was a passenger in a truck driven by Lorenz. The vehicles were traveling on an interstate when it began to hail and rain. A sedan ahead of the truck spun out of control and collided with the front of the truck....

Oregon v. Keys  
Date: June 10, 2021
Docket Number: S067691

Justia Opinion Summary: The primary question this case presented for the Oregon Supreme Court’s review was whether a defective waiver of a preliminary hearing deprived a circuit court of jurisdiction. The Court of Appeals accordingly considered...

Oregon v. Naudain  
Date: May 20, 2021
Docket Number: S067229

Justia Opinion Summary: The issue this case presented for the Oregon Supreme Court’s review centered on whether the trial court erred by ruling that defendant Damon Naudain, a Black man, could not pursue a line of questioning on cross-examinati...

Evans v. Nooth  
Date: May 20, 2021
Docket Number: S067383

Justia Opinion Summary: Petitioner Michael Evans raised a claim for inadequate assistance of counsel based on the performance of his appellate counsel, who had represented him in his direct appeal of multiple sexual-assault convictions. The pos...

De Young v. Brown  
Date: May 6, 2021
Docket Number: S067385

Justia Opinion Summary: Plaintiff James De Young was a city councilor and resident of the City of Damascus, Oregon. Defendants were Kate Brown, in her official capacity as Governor, and the State of Oregon. In De Young I, the Court of Appeals c...

Friends of Columbia Gorge v. Energy Fac. Siting Coun.  
Date: May 6, 2021
Docket Number: S067568

Justia Opinion Summary: In January 2020, the Energy Facility Siting Council adopted permanent rules addressing the process for amending site certificates and other procedural aspects of the council’s work. Petitioners challenged three of the co...

Oregon v. Wolfe  
Date: May 6, 2021
Docket Number: S067623

Justia Opinion Summary: In 2019, the state charged defendant Michael Wolfe with aggravated murder as that crime was then defined. Later in 2019, the legislature passed Senate Bill (SB) 1013, narrowing the definition of aggravated murder, and am...

Zweizig v. Rote  
Date: May 6, 2021
Docket Number: S067820

Justia Opinion Summary: The United States Court of Appeals for the Ninth Circuit certified a question of law to the Oregon Supreme Court concerning whether a statutory damages cap applied to an award of noneconomic damages in an unlawful employ...

Dept. of Human Services v. C. M. H.  
Date: May 6, 2021
Docket Number: S067827

Justia Opinion Summary: The issue this case presented for the Oregon Supreme Court’s review centered on the nature and scope of the “exclusive original jurisdiction” that ORS 419B.100(1) conferred on the juvenile courts over specified categorie...

Bert Brundige, LLC v. Dept. of Rev.  
Date: April 22, 2021
Docket Number: S067316

Justia Opinion Summary: At Tax Court, the parties disagreed about what types of equipment fall within the definition of "logging equipment" exempt from ad valorem property taxation under ORS 307.27. Specifically, they disagreed about what types...

In re Graeff
Date: April 22, 2021
Docket Number: S067639
Oregon ex rel Kotek v. Fagan  
Date: April 9, 2021
Docket Number: S068364

Justia Opinion Summary: The Speaker of the Oregon House of Representatives, and the President of the Oregon State Senate, on behalf of the Oregon Legislative Assembly, informed the Oregon Supreme Court that the federal government would not meet...

Otnes v. PCC Structurals, Inc.  
Date: April 8, 2021
Docket Number: S067165

Justia Opinion Summary: Plaintiff submitted a motion for a new trial to the trial court on the last permissible day for filing such a document. The clerk rejected the filing for failure to pay the filing fee. Plaintiff corrected that deficiency...

Walker v. Oregon Travel Information Council  
Date: April 8, 2021
Docket Number: S067211

Justia Opinion Summary: Plaintiff Kyle Walker persuaded a jury that her public employer had wrongfully discharged her from her at-will position for blowing the whistle on what she reasonably believed to be her employer’s violations of law. The...

Allianz Global Risks v. ACE Property & Casualty Ins. Co.  
Date: March 25, 2021
Docket Number: S067017

Justia Opinion Summary: Daimler-Benz AG acquired Freightliner Corporation (Freightliner) from Consolidated Freightways (now Con-Way) in 1981. As part of the transaction, it liquidated Freightliner’s assets and liabilities into a subsidiary, Dai...

Oregon v. Ramoz  
Date: March 17, 2021
Docket Number: S067290

Justia Opinion Summary: Defendant Talon Ramoz was charged with two counts of first-degree rape and two counts of first-degree unlawful sexual penetration. When it came time to instruct the jury on those charges, defendant and the state both req...

Oregon v. Link  
Date: March 4, 2021
Docket Number: S066824

Justia Opinion Summary: Defendant Justin Link committed aggravated murder as a juvenile in 2001. He was sentenced to a term of life imprisonment, which, as defined by statute at the relevant time, required him to serve “a minimum of 30 years wi...

Oregon v. Phillips  
Date: March 4, 2021
Docket Number: S067088

Justia Opinion Summary: The Oregon Supreme Court allowed review in this criminal case to consider whether the trial court correctly allowed the state to impeach defendant’s testimony with evidence that defendant previously had been convicted of...

Oregon v. Aguirre-Rodriguez  
Date: March 4, 2021
Docket Number: S067446

Justia Opinion Summary: Defendant Alex Aguirre-Rodriguez pleaded guilty to several crimes that resulted in damage to the victim’s truck. After the state presented evidence of a repair bill paid by the victim’s insurer, the trial court ordered d...

Oregon v. Banks  
Date: February 25, 2021
Docket Number: S067549

Justia Opinion Summary: The State charged defendant Daezhar Banks with harassment based on an incident at a mobile phone store. Before trial, the State provided defendant with a video from the store’s security system, but the video did not show...

Oregon v. Ross  
Date: February 25, 2021
Docket Number: S067936

Justia Opinion Summary: Both relator Michael Ross and the State asked the trial court to instruct the jury that it could acquit defendant by a vote of 10-to-2. The trial court concluded that, in the wake of Ramos v. Louisiana, 140 S Ct 1390 (20...

Bank of New York Mellon Trust Co. v. Sulejmanagic  
Date: February 11, 2021
Docket Number: S067155

Justia Opinion Summary: Plaintiff Bank of New York Mellon Trust Company (bank) held a deed of trust to the a condominium unit, while defendant Tanglewood Hills Condominium Association (Tanglewood) had a lien for condominium assessments that had...

Oregon v. Pittman  
Date: January 28, 2021
Docket Number: S067312

Justia Opinion Summary: In connection with a criminal prosecution for delivery of methamphetamine, a trial court ordered defendant Catrice Pittman to unlock a password-protected cell phone that was found in her purse. Defendant resisted, conten...

Oregon v. Skillicorn  
Date: January 14, 2021
Docket Number: S066822

Justia Opinion Summary: Defendant David Skillicorn, III was charged with first-degree criminal mischief, among other crimes. The state’s theory regarding the charge was that, after a disagreement with his girlfriend, defendant intentionally dro...

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