Ouch! Another Lesson in Statutory Interpretation: Oregon Court of Appeals Pulls Out its Hair: State v. Lewis (2014)

State v. Lewis (A152266, 2014) Multnomah County Circuit Court (111235241)

We conclude that the state failed to present sufficient evidence that the victim in this case suffered “physical injury,” as required by ORS 163.160(1)(a)….

As noted, ORS 163.160(1)(a) provides that, “[a] person commits the crime of assault in the fourth degree if the person * * * [i]ntentionally, knowingly or recklessly causes physical injury to another.” “Physical injury” is, in turn, defined, in turn, as “impairment of physical condition or substantial pain.” ORS 161.015(7). Defendant contends that the state failed to present sufficient evidence for a rational trier of fact to have found, beyond a reasonable doubt, that the victim suffered either “impairment of physical condition” or “substantial pain” from having her hair pulled out. We address each contention in turn….
We agree with defendant that, under the circumstances of this case, the state has not presented sufficient evidence for a rational trier of fact to find, beyond a reasonable doubt, that the victim suffered an “impairment of physical condition” as a result of having hair pulled out of her head….” [Link to full case.]

Statutes discussed: ORS 7 163.160(1)(a) and ORS 161.015(7)

Landlord-Tenant Law Guide (from the Law Library of Congress)

Just because landlord-tenant law is state-specific and local law for most of us mere mortals doesn’t mean there aren’t some excellent treatises and resources on the subject for those times we need to read about multi-state landlord-tenant practices and policies. If that is where your research is taking you, mosey over to the LLLoC blog post:

Landlord-Tenant Law: A Beginner’s Guide

Oregon Lawyers: What is an “of Counsel” Relationship?

From the PLF Law Practice Management blog: “I Say Of Counsel You Say …” (posted 10/13/2014)

Of Counsel relationships remain a strong area of interest for lawyers who are drawn to the idea of creating a professional affiliation. In that quest, there are many misunderstandings about what an of counsel relationship is ….” [Link to LPM blog post.]

Legal Research Class: City of Damascus v. Henry R. Brown, Jr. (Oregon Court of Appeals, 2014)

I could use this case to teach an entire course on Oregon legal research to lawyers, law students, legislators, and self-represented litigants:

City of Damascus v. Henry R. Brown, Jr. (A156920)

This case concerns the constitutionality of a bill passed by the 2014 Oregon Legislative Assembly, House Bill (HB) 4029, which permits landowners with property located on the boundary of the City of Damascus to withdraw that property from the jurisdiction of the city….

After consolidating the cases, we requested that the parties also address whether the petitions present us with a justiciable controversy, including whether petitioners have standing, whether the petitions are moot, and whether the parties are adverse….

On the merits of the petitions in GDI and Patton, we conclude that HB 4029 is an unconstitutional delegation of legislative authority to private individuals because the legislation delegates to interested landowners the authority to determine the city’s boundary and to find the facts necessary to make that determination without imposing any meaningful procedural safeguards on the landowners’ fact-finding function. Accordingly, we reverse the GDI and Patton withdrawals….

City of Damascus v. Henry R. Brown, Jr. (A156920 – Agency/Board/Other)

In A156922 and A156923, reversed on cross-petition; in A156920, A156921, A156922, A156923, A156963, A156964, A156982, A156983, A156984, A157037, A157042, A157043, A157044, A157045, A157046, A157047, A157130, A157166, A157167, A157345, A157455, A157456, A157457, petition dismissed.

Judges who Blog

From LawSites: New Blog Serves as Training Hub for Minnesota Judges, Trial Lawyers

And, see links to this at the bottom of the blog post:

“For more examples of judges who blog, see my [Bob Ambrogi's] earlier posts:

A Quick Survey of Blogs Written by Judges.
More Judges Who Blog.Are you a judge with a blog? Let me know and I’ll add it to my list.

LawSites homepage.

Free Public Access to Federal Materials on “Guide to Law Online” (WOW x 1,000!)

“Free Public Access to Federal Materials on Guide to Law Online
October 14, 2014 by Donna Sokol
This is a guest post by Ann Hemmens, legal reference librarian at the Law Library of Congress.

Through an agreement with the Library of Congress, the publisher William S. Hein & Co., Inc. has generously allowed the Law Library of Congress to offer free online access to historical U.S. legal materials from HeinOnline. These titles are available through the Library’s web portal, Guide to Law Online: U.S. Federal, and include ….” [Link to blog post and guide.]

This is more amazing than you might imagine. Access include the following!

United States Code 1925-1988 (includes content up to 1993)

United States Reports v. 1-542 (1754-2004)

Code of Federal Regulations (1938-1995)

Federal Register v. 1-58 (1936-1993)

Thank you, thank you, thank you to HeinOnline AND the Law Library of Congress!!

Internet of Things Resources (from LLRX)

Internet-of-Things (IOT) Resources,” by Marcus P. Zillman, Published on October 11, 2014

…. The Internet of Things (IOT) Resources

The Internet of Things is the network of physical objects that contain embedded technology to communicate and sense or interact with their internal states or the external environment….” [Link to the IOT Resource guide.]