Oregon Supreme Court

Opinions Filed in October 2022

Chaimov v. State

Under ORS 173.130(2), “[u]pon the written request of a state agency, the Legislative Counsel may prepare or assist in the preparation of legislative measures that have been approved for preparation . . . .”

Area(s) of Law:
  • Administrative Law

Murdoch v. Dep’t of Motor Vehicles Servs. Div.

Under ORS 813.130 (2017), officers are required to inform drivers of the enumerated rights and consequences of refusing a breathalyzer and shall present the information “substantially in the form prepared by the Department of Transportation.” Additional explanation of legal consequences is not prohibited.

Area(s) of Law:
  • Criminal Procedure

State v. Burris

ORS 166.250(1) states “except as otherwise provided under ORS . . . 166.270 . . . a person commits the crime of unlawful possession of a firearm if the person knowingly: . . . (C) [h]as been convicted of a felony[.]” ORS 166.270(4) provides exceptions to being a felon in possession of a firearm if the person has only been convicted of one felony and they finished their sentence more than fifteen years ago.

Area(s) of Law:
  • Criminal Law

State v. Chitwood

“[A] defendant asserting plain error must demonstrate that the prosecutor’s comments were so prejudicial that an instruction to disregard them would not have been sufficiently curative to assure the court . . . that the defendant received a fair trial.” State v. Montez, 324 Or. 343, 357 (1996).

Area(s) of Law:
  • Criminal Procedure

State v. Thompson

The exigency exception to warrantless seizures requires that the police have probable cause and that an exigent circumstance, one that requires prompt action, exists. State v. McCarthy, 369 Or. 129, 142 (2021). Police cannot extend the exigent circumstance by not promptly seeking a warrant. State v. Fondren, 285 Or 361, 366-67 (1979).

Area(s) of Law:
  • Criminal Procedure

Sills v. State

The fugitive dismissal rule grants appellate courts the authority to dismiss an appeal made by a defendant who fled the court’s jurisdiction. State v. Moss, 352 OR 46, 50-51 (2012).

Area(s) of Law:
  • Criminal Procedure

State v. Shedrick

Under ORS 161.095(2), to obtain a conviction, the state must prove that the defendant “acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”

Area(s) of Law:
  • Criminal Law

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