Oregon Supreme Court

Published on: January 3, 2014

Vanornum I: ORCP 1.735: Applicable to Appellate Courts? Tracking and Interpreting Legislative and Council on Court Procedures (CCP) History

By Laura Orr

State of Oregon v. Ian George Vanornum (SC S060715), decided December 27, 2013:

Excerpt, p. 7: “.... The initial question that this case raises — whether ORCP 59 H controls appellate court review of claims of instructional error — arises because subsection (1) declares that “a party may not obtain review on appeal” of a trial court’s asserted error in giving or refusing to give a jury instruction unless the party identified the asserted error to the trial court and made a timely notation of exception….” [Link to full opinion.]

Oregon Rules of Civil Procedure (ORCP)

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Published on: September 6, 2013

Oregon Supreme Court protects tenants from landlord retaliation

By Laura Orr

Read the Guest Opinion “Oregon Supreme Court protects tenants from landlord retaliation,” by Tracy White, attorney, in the Hillsboro Argus, August 14, 2013.

Published on: June 21, 2013

Oregon Supreme Court: Haugen v. Kitzhaber: Death Row Inmate Right to Reject Clemency? Right to Die?

By Laura Orr

Gary D. Haugen v. John Kitzhaber, (TC 12C16560) (CA A152412) (SC S060761), filed 6/20/13.

Read OJD media releases (link directly to the June 20, 2013 summary ).

Read the whole case. (Or locate via “How to Find a Case Online – using free resources”)

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Published on: December 15, 2010

Oregon Supreme Court Defines “Arthritis”

By Laura Orr

On December 9, 2010, the Oregon Supreme Court decided:

Barbara L. Hopkins v. SAIF Corp., et al., (WCB 0407794) (CA A138825) (SC S058081)

“… On review from the Court of Appeals in a judicial review from an order of the Workers’ Compensation Board. Hopkins v. SAIF, 232 Or App 439, 222 P3d 1140 (2009)….

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Published on: September 16, 2010

Oregon Supreme Court: What is a “Roof” for Insurance Purposes?

By Laura Orr

Dewsnup v. Farmers Insurance Company of Oregon, (SC 057895), decided September 16, 2010:

Supreme Court Media Release:

“…Today, the Oregon Supreme Court ruled that, based on plaintiffs’ expert’s affidavit, the question whether a roof, after a homeowner has begun to disassemble and repair it, remained a “roof” for the purposes of a homeowners’ insurance policy, was a question of fact that must be decided by a jury rather than being determined by a judge on summary judgment….” (Read full 9/16/10, Media Release or full opinion.)

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Published on: December 16, 2009

Oregon Supreme Court: ORS 162.325: Hindrance of Prosecution and Juvenile Proceedings

By Laura Orr

The OJD December 10, 2009, Media Release gives a summary of this case (other Media Releases).

Read the full case:

State of Oregon v. Roy Lee McCullough, Jr. (SC S056910) (decided December 10, 2009)

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Published on: October 15, 2007

Oregon Supreme Court on Apprendi & Consecutive Sentences

By Laura Orr

The Sentencing Law and Policy blog, posts this: “Oregon Supreme Court applies Apprendi to consecutive sentences”. Read the Comments too.

Excerpt from the blog post:

“Providing a great reminder that there are still many unsettled Blakely issues, the Oregon Supreme Court today in State v. Ice, No. S52248 (Ore. Oct. 11, 2007) (available here), holds that the “federal constitution requires that a jury, rather than a judge, find the facts that Oregon law requires be present before a judge can impose consecutive sentences.” All Blakely fans should make the time to check out Ice….”