Oregon Supreme Court Decisions 2022

E. J. T. v. Jefferson County  
Date: September 22, 2022
Docket Number: S068846

Justia Opinion Summary: The United States District Court for the District of Oregon certified two questions of law to the Oregon Supreme Court. Plaintiff, through a conservator, brought this action after he suffered catastrophic brain damage at…

Oregon v. Hershey  
Date: August 11, 2022
Docket Number: S067825

Justia Opinion Summary: In September 2017, Klamath County Animal Control impounded 22 dogs, three horses, and seven chickens from Petitioner Kenneth Hershey’s property. The state subsequently charged Hershey with three counts of second-degree…

Oregon v. Carlisle  
Date: August 4, 2022
Docket Number: S067880

Justia Opinion Summary: Defendant Zachary Carlisle challenged his conviction for misdemeanor third-degree sexual abuse, which required the state to prove that he “subject[ed] another person to sexual contact” and that “[t]he victim d[id] not…

Hickey v. Scott  
Date: July 28, 2022
Docket Number: S068647

Justia Opinion Summary: In October 2019, defendants rented an apartment from plaintiff pursuant to a month-to-month tenancy rental agreement. The parties’ agreement required defendants to pay a $1,500 security deposit and $850 a month in rent.…

Oregon v. Gray  
Date: July 28, 2022
Docket Number: S068673

Justia Opinion Summary: Relator Randy Gray was the defendant charged in 2021 by a district attorney’s information with (among other things) the felony of assaulting a public safety officer. Shortly after the information was filed, relator’s…

Lowell v. Medford School Dist. 549C  
Date: July 28, 2022
Docket Number: S068891

Justia Opinion Summary: Plaintiff Thomas Lowell provided piano tuning services to defendant Medford School District and assisted in producing concerts performed in defendant’s facilities. While providing production assistance for a particular…

Oregon v. Benson  
Date: July 14, 2022
Docket Number: S068495

Justia Opinion Summary: After receiving a report that defendant John Benson sexually assaulted B, police launched an investigation that was subsequently halted. Seven and a half years later, after the case was rediscovered during an “open case”…

Gist v. Zoan Management, Inc.  
Date: July 8, 2022
Docket Number: S067992

Justia Opinion Summary: After plaintiff filed this class-action complaint against defendants, defendants filed a motion to compel arbitration. The trial court granted the motion. Plaintiff appealed, and the Court of Appeals affirmed. The Oregon…

Scott v. Kesselring  
Date: July 8, 2022
Docket Number: S068503

Justia Opinion Summary: Defendant rear-ended plaintiff’s vehicle, and plaintiff suffered physical and emotional injuries as a result. Plaintiff claimed that her emotional injuries were so severe that she attempted to take her own life and was…

Dahlton v. Kyser  
Date: July 8, 2022
Docket Number: S068871

Justia Opinion Summary: Relator—the decedent’s personal representative—brought a wrongful death claim under ORS 30.020 that sought, among other things, damages on behalf of the statutory beneficiaries for their loss of decedent’s society and…

Lowell v. Wright  
Date: June 23, 2022
Docket Number: S068129

Justia Opinion Summary: Plaintiff’s libel per se claim was based on a Google review, written by the manager of plaintiff’s business competitor, that subsequently was removed from the internet without a trace. The Oregon Court of Appeals…

Querbach v. Dept. of Human Services  
Date: June 16, 2022
Docket Number: S068395

Justia Opinion Summary: Petitioner Bruce Querbach sought to overturn a final order of the Oregon Department of Human Services (DHS) which determined that reports to DHS that petitioner had abused two children were “founded.” The circuit court,…

Robinette v. SAIF  
Date: June 3, 2022
Docket Number: S068207

Justia Opinion Summary: This case centered on the loss of use or function of claimant’s right knee, specifically, reduced range of motion and decreased stability in that knee, that was determined to be entirely related to causes other than…

Abraham v. Corizon Health, Inc.  
Date: June 3, 2022
Docket Number: S068265

Justia Opinion Summary: The Ninth Circuit Court of Appeals certified a question of law to the Oregon Supreme Court. The question related to the applicability of Oregon’s anti- discrimination laws to a private contractor that provided healthcare…

Salsgiver/Iannarone v. Rosenblum  
Date: May 27, 2022
Docket Number: S069380

Justia Opinion Summary: Two groups of petitioners challenged the ballot title that the Oregon Attorney General certified for Initiative Petition 41 (2022) (IP 41). IP 41 would add a new section 16 to Article IX of the Oregon Constitution, which…

Oregon v. Stanton  
Date: May 26, 2022
Docket Number: S067829

Justia Opinion Summary: Defendant Lamar Stanton was charged with three counts of first-degree sexual abuse and two counts of first-degree sodomy. Because defendant was indigent, the trial court appointed counsel to represent him. Over the…

Oregon v. Rusen  
Date: May 12, 2022
Docket Number: S068295

Justia Opinion Summary: Defendant Jonathan Rusen challenged the trial court’s imposition of consecutive terms of incarceration upon revoking defendant’s probation. Defendant was serving the sentence of probation pursuant to a plea agreement and…

Mason/Turrill v. Rosenblum  
Date: April 29, 2022
Docket Number: S069163

Justia Opinion Summary: Two sets of electors who were dissatisfied with the Attorney General’s ballot title for Initiative Petition 34 (2022) (IP 34) petitioned the Oregon Supreme Court for review. IP 34 was directed at changing Oregon’s…

City of Portland v. Bartlett  
Date: April 28, 2022
Docket Number: S067940

Justia Opinion Summary: Defendant Mark Bartlett requested the City of Portland to release three city attorney opinions and one legal memorandum. The parties agreed that the documents were public records, were within the scope of the…

Oregon v. Harris  
Date: April 28, 2022
Docket Number: S068481

Justia Opinion Summary: This case involved the State’s direct and interlocutory appeal of an omnibus pretrial order granting numerous defense motions to suppress evidence that the State obtained through wiretaps and search warrants. Defendant…

Johnson v. SAIF  
Date: April 21, 2022
Docket Number: S068208

Justia Opinion Summary: This case involved the definition of the term "impairment" in the context of Oregon's workers' compensation statutory scheme, and whether claimant Marisela Johnson’s loss of grip strength (that was determined to be…

Oregon v. Kyger  
Date: April 21, 2022
Docket Number: S068337

Justia Opinion Summary: During a single criminal episode, defendant Scott Kyger cut the necks of two people with a razor blade. For that conduct, the State charged him with, and he was convicted on two counts of attempted aggravated murder…

Eklof v. Persson  
Date: April 21, 2022
Docket Number: S068347

Justia Opinion Summary: Petitioner Karlyn Eklof was convicted of aggravated intentional murder in 1995 and sentenced to life in prison without the possibility of parole. In this, her second case seeking post-conviction relief, petitioner moved…

Oregon v. Jackson  
Date: April 21, 2022
Docket Number: S068428

Justia Opinion Summary: Defendant Michael Jackson was charged with and convicted of offenses that occurred during an encounter with police officers in an enclosed ATM vestibule. A surveillance video recorded the encounter and was admitted at…

Oregon v. Oatney  
Date: April 21, 2022
Docket Number: S068761

Justia Opinion Summary: Defendant Billy Lee Oatney, Jr. was convicted of aggravated murder and sentenced to death (Oatney I). During its initial investigation of the murder, the state gave defendant contractual use and derivative use immunity…

Jackson v. Franke  
Date: March 31, 2022
Docket Number: S067884

Justia Opinion Summary: At issue in this post-conviction case was petitioner Steve Franke’s attempt to prove that his criminal trial counsel provided constitutionally inadequate and ineffective assistance by failing to object that an expert…

Oregon v. Davidson  
Date: March 31, 2022
Docket Number: S068231

Justia Opinion Summary: Defendant Dennis Davidson was sentenced to life without the possibility of parole under for his convictions for public indecency, a Class C felony, because he had been sentenced for felony sex crimes at least twice…

Oregon v. Brumwell  
Date: March 31, 2022
Docket Number: S068918

Justia Opinion Summary: In this case, defendant Jason Van Brumwell was convicted by jury on two counts of aggravated murder, for which he was sentenced to death. Defendant later brought a post-conviction relief action, and the post-conviction…

SAIF v. Ward  
Date: March 24, 2022
Docket Number: S068179

Justia Opinion Summary: The issue this case presented for the Oregon Supreme Court's review centered on whether a truck driver (claimant) who sustained injuries while driving a truck that he leased directly from a trucking company, with…

In re Keller
Date: March 24, 2022
Docket Number: S068805
Oregon v. Meiser  
Date: March 22, 2022
Docket Number: S068327

Justia Opinion Summary: Defendant Erik Meiser, who was diagnosed with schizophrenia and a co-occurring antisocial personality disorder, contended the trial court and the Court of Appeals erred in its understanding of the evidence required to…

Oregon v. Kyger  
Date: March 22, 2022
Docket Number: S068337

Justia Opinion Summary: During a single criminal episode, defendant Scott Kyger cut the necks of two people with a razor blade. For that, the state charged him with two counts of attempted aggravated murder under ORS 163.095 (2015) and ORS…

Oregon v. Ford  
Date: March 22, 2022
Docket Number: S068434

Justia Opinion Summary: Defendant Kevin Gord, Jr. fired a gun at a vehicle with two occupants, neither of whom died. He was charged with, among other crimes, two counts of attempted aggravated murder. He unsuccessfully demurred to those counts…

Oregon ex rel Ofsink v. Fagan  
Date: March 18, 2022
Docket Number: S069266

Justia Opinion Summary: Relators asked the Oregon Supreme Court for extraordinary relief: an alternative writ of mandamus directing the Secretary of State to withdraw her orders that disqualified their initiative petitions from appearing on the…

Oregon v. McKinney/Shiffer  
Date: March 3, 2022
Docket Number: S067558

Justia Opinion Summary: Defendants Rocklyn Shiffer and Gina McKinney were each charged in independent cases with an assault offense requiring proof that the defendant knowingly caused physical injury to another person. Defendant Shiffer opted…

Oregon v. Owen  
Date: March 3, 2022
Docket Number: S067658

Justia Opinion Summary: A grand jury indicted defendant Matthew Owen on two counts of second-degree assault for knowingly causing physical injury to another person by means of a dangerous weapon. Citing Oregon v. Barnes, 986 P2d 1160 (1999),…

Oregon ex rel Kristof v. Fagan  
Date: February 17, 2022
Docket Number: S069165

Justia Opinion Summary: Relator was a prospective candidate for Oregon governor. After he filed his declaration of candidacy with the Secretary of State, the secretary asked relator for additional information to substantiate that he will “have…

Arrowood Indemnity Co. v. Fasching  
Date: February 10, 2022
Docket Number: S067964

Justia Opinion Summary: At trial, the parties filed cross-motions for summary judgment, each of which focused on whether documents plaintiff had received from a third party were admissible. Plaintiff argued that the documents qualified for the…

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