Mason/Turrill v. Rosenblum
A ballot title must include a caption of 鈥渘ot more than 15 words that reasonably identifies the subject matter of the state measure.鈥 ORS 250.035(2)(a). ORS 250.035(2)(d) specifies, a summary must provide a concise and impartial statement.听
Area(s) of Law:- Ballot Titles
City of Portland v. Bartlett
Under ORS 192.390, public records shall be made available after twenty-five years 鈥渘otwithstanding ORS 192.355.鈥 ORS 192.355(9)(a) creates an exemption for the disclosure of privileged documents.
Area(s) of Law:- Civil Procedure
State v. Harris
The Wiretap Act requires a 鈥減rincipal prosecuting attorney鈥 to authorize wiretaps and it prohibits courts from admitting evidence collected from a wiretap in violation of the act. 18 USC 搂搂 2515 - 2516.
Area(s) of Law:- Criminal Procedure
Eklof v. Persson
Petitioner could not reasonably have raised Brady claims in the prior post-conviction proceeding.听Accordingly, the Court held the Petitioner鈥檚 claims were not futile and the post-conviction court had abused its discretion in denying Petitioner leave to amend her complaint.
Area(s) of Law:- Criminal Law
Johnson v. SAIF
ORS 656.214(1)(a) defines 鈥渋mpairment鈥 as 鈥渢he loss of use or function of a body part or system due to the compensable industrial injury.鈥 ORS 656.214(1)(a).
Area(s) of Law:- Workers Compensation
State v. Jackson
The Court reasoned that the legislature intended ORS 19.420(3) to apply when the lost record is 鈥減ractically necessary鈥 for commencing an appeal, presenting the issues to the appellate court, or for the court to resolve the issues on appeal. The Court found that the issue required the court to review the 鈥渢otality of the circumstances鈥 and therefore held that Exhibit 15 was practically necessary to do so.
Area(s) of Law:- Criminal Procedure
State v. Oatney
Kastigar has been used to determine the scope of derivative use immunity, and can be violated in two ways. First, a Kastigar violation can occur if the government uses the immunized information 鈥渢o motivate another witness to give incriminating testimony.鈥 Second, a violation can occur if the content of a witness鈥檚 subsequent testimony is 鈥溾榮haped, altered, or affected鈥 by such exposure.鈥
Area(s) of Law:- Criminal Law
State v. Kyger
鈥淎ttempted听aggravated murder involving the circumstance set out in ORS 163.095(1)(d) requires that the Defendant (1) intentionally; (2) caused the death of another human being; (3) when there was more than one murder victim in the same criminal episode鈥; and as set out in ORS 161.405 requires (4) 鈥渢hat an actor have 鈥渋ntentionally鈥 engaged in 鈥渃onduct鈥 that constitutes a 鈥渟ubstantial step鈥 toward the commission of the crime.鈥 State v. Kyger, 369 Or 363, 369, 375.
Area(s) of Law:- Criminal Law