Oregon Supreme Court

Opinions Filed in March 2015

Powerex Corp. v. Dept. of Revenue

Under ORS 314.665, both natural gas and electricity are considered tangible personal property for income tax purposes as they can be perceived with the senses and may be physically located within the state.

Area(s) of Law:
  • Tax Law

Towe v. Sacagawea

When multiple factual conclusions could be reached from the record, comparing negligence among multiple actors is a jury question, and summary judgement should be denied.

Area(s) of Law:
  • Tort Law

State v. Williams

Evidence is relevant when it is logically related to an issue in a case; if it makes more probable the underlying allegations of misconduct, it is relevant.

Area(s) of Law:
  • Evidence

Eclectic Investment, LLC v. Patterson et al.

the Astoria rule of common-law indemnity is a factor determined in the totality of the circumstances, and common-law indemnity is not consistent with severally distributed liability.

Area(s) of Law:
  • Tort Law

State v. Dickerson

Wildlife is property of the State because the State’s interest in wildlife is both a legal interest derived from common law, and is codified in Oregon Code 39-201(1930).

Area(s) of Law:
  • Property Law

Schoenheit v. Rosenblum

Under ORS 250.035, a certified ballot title must sufficiently notify voters and petition signers of the title’s potential impact.

Area(s) of Law:
  • Ballot Titles

State v. Mazzola

Field Sobriety Tests (FSTs) are searches for which a warrant generally is required under the Oregon Constitution Article I, section 9; an exception to the warrant requirement is a search conducted with probable cause or under exigent circumstances.

Area(s) of Law:
  • Criminal Procedure

State v. Nix

Appeals under ORS 138.222(4) are only available in felony cases; writs of mandamus must be specifically requested, or in exceptional circumstances, may be allowed where the required information is available; and Oregon appellate decisions rendered without appellate authority must be vacated.

Area(s) of Law:
  • Appellate Procedure

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