Oregon Supreme Court

Opinions Filed in May 2021

Evans v. Nooth

“Appellate courts should not decide new issues upon which the trial court had no opportunity to rule.” Vancil v. Poulson, 236 Or 314, 388 P2d 444 (1964).

Area(s) of Law:
  • Criminal Procedure

State v. Naudain

Under OEC 401, evidence of a third-party’s racial bias is relevant where it bears a “logical relationship” to, and tends to show a witness’s own views.

Area(s) of Law:
  • Evidence

Dept. of Human Services v. C. M. H.

The allegations and relief sought in a pending petition are sufficient to bring a case under the subject matter jurisdiction of the juvenile court. ORS 419B.100(1).

Area(s) of Law:
  • Juvenile Law

De Young v. Brown

Under Tanner v. OHSU, 161 Or App 129, where all citizens benefit from litigation, the fact that the individual benefit may be small does not reduce the substantiality of the benefit conferred to the citizenry as a whole.

Area(s) of Law:
  • Attorney Fees

Friends of Columbia Gorge v. Energy Fac. Siting Coun.

Although the Energy Facility Sitting Council may restrict the rights of participation for limited parties, it cannot restrict the rights of full parties in a matter. ORS 183.417; ORS 183.450(3).

Area(s) of Law:
  • Administrative Law

State v. Wolfe

After the enactment of Senate Bill 1013, the homicide of a child under 14 can only qualify as aggravated murder if it was premeditated. Or Laws 2019, ch 635, § 4; ORS 163.095(2)(b).

Area(s) of Law:
  • Criminal Law

Zweizig v. Rote

Noneconomic damages for emotional injuries that do not originate from a bodily injury, death, or property damage are not subject to the $500,000 statutory damages cap in ORS 31.710(1).

Area(s) of Law:
  • Tort Law

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