Oregon Supreme Court

Opinions Filed in November 2021

Sheehan/Calderwood v. Oregon Legislative Assembly

The Court has long recognized that the legislature has broad discretion with respect to reapportionment. The Court will not substitute it’s own judgment for the wisdom of the plan.

Area(s) of Law:
  • Election Law

State v. Rogers

Senate Bill 1013 (2019) retains the death penalty but narrowed the definition for aggravated murder.

Area(s) of Law:
  • Criminal Law

Owen v. City of Portland

“A party that challenges a home-rule city’s authority as preempted by state law is required to show that the legislature ‘unambiguously’ expressed its intent—a high bar to overcome.” Rogue Valley Sewer Services v. City of Phoenix, 357 Or 437, 454, 353 P3d 581 (2015).

Area(s) of Law:
  • Preemption

State v. DeJong

Under Johnson, if the defendant establishes a factual nexus between the challenged evidence and the unlawful seizure the burden shifts to the state to establish that the challenged evidence was not tainted by the unlawful police conduct.

Area(s) of Law:
  • Criminal Procedure

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