Oregon Supreme Court (2 summaries)
Dahlton v. Kyser
In a wrongful death claim, beneficiaries are not parties and therefore cannot be compelled to produce privileged medical information relating only to their own treatment arising from loss of decedent's society and companionship.
Area(s) of Law:- Tort Law
State v. Stanton
鈥淚n order to accept a defendant鈥檚 waiver of counsel, a trial court must determine鈥攁nd the record must reflect鈥攖hat the waiver is both intentionally and knowingly made.鈥 State v. Meyrick, 831 P.2d 666, 132 (Or. 1992).
Area(s) of Law:- Criminal Procedure
Oregon Court of Appeals (7 summaries)
1000 Friends of Or. v. Clackamas Cnty.
Short-term rental use of "dwellings" and "residences" on resource land is neither explicitly nor implicitly permitted pursuant to state law.
Area(s) of Law:- Land Use
State v. Travis
Courts should determine whether the evidence is relevant for non-propensity purpose(s) under OEC 404(3) and, if so, determine if the probative value outweighs the potentially prejudicial value under OEC 403. If evidence is not relevant for non-propensity purpose(s), then a trial court must determine if the evidence is relevant under OEC 404(4) and further weigh the probative versus prejudicial value pursuant to OEC 403.
Area(s) of Law:- Evidence
DHS v. J.D.
When a juvenile court relies on facts concerning an 鈥渦nderlying cause鈥 for jurisdiction, the underlying cause must be sufficiently identified in the jurisdictional judgment to provide a parent with the information needed to address the issue.听 Dep鈥檛. of Human Services v. C.E., 288 Or App 649, 658 (2017).
Area(s) of Law:- Juvenile Law
DHS v. J.N.A.
To terminate a parent鈥檚 rights, a court must determine a parent unfit within the meaning of ORS 419B.504 and that it is in the best interests of the child to terminate rights pursuant to ORS 419B.500.
Area(s) of Law:- Juvenile Law
Neal v. Neal
To prevail on an appeal motion to reopen a probate estate, the petitioner must offer arguments addressing a lower court鈥檚 abuse of discretion in the matter.听 Neal v. Neal, 320 Or App 398 (2022).
Area(s) of Law:- Trusts and Estates
State v. Jacob
A motion in limine does not preserve OEC 403 objections to specific testimony at trial. State v. Pergande, 270 Or App 280, 282-83, 348 P3d 245 (2015).
Area(s) of Law:- Evidence
State v. Actkinson
A person is not eligible for a downward departure sentence if they were on parole, probation, or post-prison supervision for a crime as listed in ORS 137.717(1)鈥搃ncluding first degree theft鈥揳t the time of committing the crime at issue. ORS 137.717(6)(a).
Area(s) of Law:- Criminal Law