Court of Appeals of Oregon Court Cases

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  1. State v. Jenks (1979)

    Defendant was arrested in Montana on an Oregon warrant and transported to Oregon for prosecution. He was not promptly arraigned, apparently because of some confusion relating to warrants issued by the district and circuit courts of Douglas County. Defendant had three contacts with police following his arrest. Only one, on June 7, about 66 hours after his arrival at the jail, concerned the present charge. At the outset of that interview he was fully informed of his Miranda rights. His statements [...]

    Court: Court of Appeals of Oregon Docket: J78-1015 CA 12684
  2. State v. Lovern (2010)

    Anne Fujita Munsey, Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.


    Court: Court of Appeals of Oregon Docket: CM0720620 A137247
  3. Armstrong v. Asten-Hill Co. (1988)

    The petition for judicial review in this workers' compensation case was filed on July 27, 1987. HB 2900 was approved by the Governor on July 20, 1987, and filed in the office of the Secretary of State on July 21, 1987. It became Oregon Laws 1987, chapter 884. Section 12a amended ORS 656.298(6) by eliminating the language imposing on this court an obligation to conduct de novo review in workers' compensation cases and by providing, instead: "Review shall be as provided in ORS 183.482(7) and [...]

    Court: Court of Appeals of Oregon Docket: WCB No. 86-02776 CA A45124
  4. State v. Reed (2000)

    The state appeals from an order suppressing evidence found in defendant's purse in the course of a search incident to her arrest for assault. ORS 138.060(3). The state argues that the trial court erred in suppressing methamphetamine found in film canisters in defendant's purse on the ground that the police officer's use of a flashlight to illuminate one of the film canisters constituted an unlawful search for purposes of Article I, section 9, of the Oregon Constitution. We affirm.


    Court: Court of Appeals of Oregon Docket: 97C-21727 CA A104112
  5. Dept. of Human Services v. CZ (2010)

    In this juvenile dependency case, the state alleged that mother's use of marijuana presented a reasonable likelihood of harm to her two children, and the juvenile court took jurisdiction over both children as to mother on that basis. Mother appeals from that juvenile court judgment and argues that the state has not established a "reasonable likelihood of harm" to the children by a preponderance of the evidence. We agree and, accordingly, reverse the judgment finding jurisdiction over the [...]

    Court: Court of Appeals of Oregon Docket: J090761 A144712 (Control) J090762 A144713
  6. State v. Wilson (1992)

    Defendant pleaded guilty to promoting prostitution. ORS 167.012. Under grid block 8 C, his presumptive guideline sentence was a range of 29 to 34 months of incarceration. The sentencing court found aggravating factors and imposed an upward departure of 60 months imprisonment. Defendant challenges his sentence, arguing that the aggravating factors relied on by the court were not substantial and compelling reasons for a departure. We remand for resentencing.


    Court: Court of Appeals of Oregon Docket: C89-11-36661 CA A65499
  7. Erickson v. Christenson (1989)

    I. Franklin Hunsaker, Portland, argued the cause and filed the brief for respondent American Lutheran Church, North Pacific Dist. With him on the brief were Chrys A. Martin, Lisa E. Lear and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.


    Court: Court of Appeals of Oregon Docket: A8710-06662 CA A49695
  8. State v. Flores (1984)

    In this case involving criminal convictions for ex-convict in possession of a firearm and possession of a controlled substance, we are once again presented with an occasion to discuss an aspect of Oregon's developing state law of search and seizure. We previously applied federal law, including Oregon cases interpreting federal law, to affirm these convictions. State v. Flores, 58 Or. App. 437, 648 P.2d 1328 (1982). The Supreme Court accepted review and remanded the case to us for [...]

    Court: Court of Appeals of Oregon Docket: 10-81-05891 CA A22413 SC 28913.
  9. State Ex Rel Juv. Dept. v. Orozco (1994)

    In 1992, child was found to be within the jurisdiction of the court for having committed acts that, if done by an adult, would have constituted rape in the first degree. ORS 163.375. The court denied child's request to convert his delinquency petition to a dependency petition and committed him to a juvenile training school. The juvenile court also ordered child to provide a blood sample for DNA testing pursuant to former ORS 419.507(11)(a)[1] and ORS 137.076. We review de novo. Former ORS [...]

    Court: Court of Appeals of Oregon Docket: 65848B CA A77754
  10. State v. Moeller (1991)

    Defendants in these consolidated cases were charged with either possession, manufacture or delivery of controlled substances, in violation of ORS 475.992. The indictments charged, in addition to the underlying offenses, that the crimes "occurred as part of a drug cultivation, manufacture or delivery scheme or network" under OAR chapter 253, division 4, appendix 4 (the rule). See OAR 253-04-002(3).[1] Under the sentencing guidelines statutes and rules, that allegation increases the [...]

    Court: Court of Appeals of Oregon Docket: 89-1379, 89-1380, 89-1410, 89-1411, 89-1422, 89-1423 CA A65221 (Control), CA A65222, CA A65223, CA A65224, CA A65225, CA A65226
  11. State v. Merrimon (2010)

    Defendant appeals from a judgment of conviction, following a jury trial, for one count of sexual abuse in the first degree, ORS 163.427, and one count of endangering the welfare of a minor, ORS 163.575. He asserts, among other assignments of error, that the trial court erred in admitting a medical expert's diagnosis of the child complainant as "highly concerning of sexual abuse" where that diagnosis was rendered in the absence of any confirming physical evidence. As explained below, and [...]

    Court: Court of Appeals of Oregon Docket: 071035096 A139106
  12. Deerfield Commodities v. Nerco, Inc. (1985)

    Robert B. Hopkins, Portland, argued the cause for appellant-cross-respondent and third-party defendants-cross-respondents. With him on the briefs were Richard L. Sadler, Randall L. Dunn, David N. Goulder and Copeland, Landye, Bennett & Wolf, Portland.


    Court: Court of Appeals of Oregon Docket: A8105-03087 CA A27718
  13. State v. Fugate (1998)

    Defendant petitions for reconsideration of our decision to reverse the trial court's order suppressing evidence on the ground that Senate Bill 936 (SB 936) applies to this case and requires admission of the evidence. State v. Fugate, 154 Or.App. 643, 963 P.2d 686 (1998). He raises three contentions on reconsideration: (1) that the Supreme Court's subsequent decision in Armatta v. Kitzhaber, 327 Or. 250, 959 P.2d 49 (1998), contains language concerning the proper construction of Article IV, [...]

    Court: Court of Appeals of Oregon Docket: 96-0660-C CA A96628
  14. Friends of Yamhill County v. BD. OF COMR'S (2010)

    This case concerns whether the circuit court applied correct legal standards in its review of a county determination that claimant had vested rights to continue development of a subdivision. The county decision under review recognized claimant's prior efforts to obtain subdivision approval and construct related improvements as sufficient to vest claimant's right to construct nine additional houses on the property. That vesting determination qualified the property as subject to special zoning [...]

    Court: Court of Appeals of Oregon Docket: CV080305 A140899
  15. State v. Corbett (1973)

    At 10:00 or 10:30 p.m. on February 13, 1973, Sergeant Englert of the Multnomah County Sheriff's Office Narcotics Detail, and three fellow non-uniformed officers went to the property of one James West in order to obtain license numbers and verify West's presence to enable them to draft an affidavit for a search warrant. Sergeant Englert had twice purchased narcotics from West at his residence, had twice before executed search warrants at West's house and found narcotics there, and had been there [...]

    Court: Court of Appeals of Oregon
  16. State v. Jorgensen (1971)

    Defendant Edward Jorgensen, his brother Carl Jorgensen, and Robert Brom were jointly charged in a two-count indictment with the murders in the first degree of Larry Peyton and Beverly Allan in Multnomah County on November 26, 1960.


    Court: Court of Appeals of Oregon
  17. State v. Fugate (1998)

    Defendant was charged with driving while under the influence of intoxicants (DUII). ORS 813.010. The trial court granted defendant's pretrial motion to suppress evidence of alcohol-related impairment, and the state appeals. The state contends that Senate Bill 936 (S.B. 936), although enacted by the 1997 Legislative Assembly after the trial court's decision in this case, applies to this case and compels reversal. Defendant contends that the recently enacted legislation cannot be applied to this [...]

    Court: Court of Appeals of Oregon Docket: 96-0660-C CA A96628
  18. State v. Walp (1983)

    Defendant appeals her conviction for driving under the influence of intoxicants. ORS 487.540. She assigns as error the denial of her motion to suppress. She relies on ORS 131.615 and the state and federal Constitutions. We determine that defendant was unlawfully stopped within the meaning of ORS 131.615 and reverse.


    Court: Court of Appeals of Oregon Docket: M3-28 A27763
  19. State v. Verna (1972)

    Defendant was indicted for kidnapping and assaulting his former wife. He was convicted, in a jury trial, for kidnapping. On appeal defendant contends the trial court erred in denying his pretrial motion to dismiss his court-appointed attorney and represent himself.


    Court: Court of Appeals of Oregon
  20. State v. STS (2010)

    In this juvenile dependency case, the state alleged that father's domestic violence against mother presented a reasonable likelihood of harm to the couple's two children, and the juvenile court took jurisdiction over both children as to father on that basis. Father challenges the court's finding of jurisdiction, arguing that the state failed to prove that his conduct presented a current risk of harm to either of the children. After the case was submitted to this court, the juvenile court [...]

    Court: Court of Appeals of Oregon Docket: 090315J Petition Number 090315JA A143524 (Control) 090380J Petition Number 090380JA A143525

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