Corbin Moeller

United States Supreme Court (4 summaries)

Mahanoy Area Sch. Dist. v. B.L.

Schools have the authority to regulate some off-campus student speech without violating the First Amendment.

Area(s) of Law:
  • Constitutional Law

California v. Texas

“Where a standing theory rests on speculation about the decision of an independent third party (here an individual's decision to enroll in a program like Medicaid), the plaintiff must show at the least “that third parties will likely react in predictable ways.” Department of Commerce v. New York, 588 U.S. ___, ___, 139 S. Ct. 2551, 2566, 204 L. Ed. 2d 978.

Area(s) of Law:
  • Constitutional Law

Garland v. Ming Dai

The INA provides that a reviewing court must accept “administrative findings” as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” §1252(b)(4)(B).

Area(s) of Law:
  • Immigration

Caniglia v. Strom et al.

The “community caretaking exception” to warrantless searches articulated in Cady v. Dombrowski does not apply to homes, because there is a constitutional difference between vehicles and homes.

Area(s) of Law:
  • Criminal Procedure

United States Supreme Court Certiorari Granted (2 summaries)

Alaska v. Wright

A habeas petitioner does not remain "in custody" under a conviction "after the sentence imposed for it has fully expired, merely because of the possibility that the prior conviction will be used to enhance the sentences imposed for any subsequent crimes of which he is convicted.” Maleng v. Cook, 490 U. S. 492 (1989).

Area(s) of Law:
  • Habeas Corpus

Houston Community College System v. Wilson

Whether the First Amendment’s Free Speech Clause limits a local government’s censure power.

Area(s) of Law:
  • Constitutional Law

Oregon Supreme Court (4 summaries)

State v. Ford

Ford presented the same issue decided in State v. Kyger, where the Court determined that “[t]he occurrence of multiple deaths is required for the completed crime of aggravated murder, but it is not required for the inchoate crime of attempted aggravated murder.” 369 Or 363 (2022).

Area(s) of Law:
  • Criminal Law

State v. Kyger

For purposes of ORS 163.095(1)(d), “[t]he occurrence of multiple deaths is required for the completed crime of aggravated murder, but it is not required for the inchoate crime of attempted aggravated murder.” State v. Kyger, 369 Or 363 (2022).

Area(s) of Law:
  • Criminal Law

Estate of Evans v. Dept. of Rev.

“If the resident's interest in the intangible property is sufficiently substantial, such that it is a source of actual or potential wealth to and cannot be dissociated from the resident, then his or her enjoyment of the benefits and protections offered by the state—including simply the benefit of living in an 'orderly, civilized society' for which the state is responsible, J.C. Penney Co., 311 U.S. at 444—is a sufficient justification for the state to impose its tax on that property.”

Area(s) of Law:
  • Tax Law

Allianz Global Risks v. ACE Property & Casualty Ins. Co.

"The existence of side agreements, indemnification promises, or an insured's waiver of policy terms is simply irrelevant to the contribution rights set out in the OECAA. Under that statute, as under our coverage cases, see Ledford v. Gutoski, 319 Ore. 397, 399-400, 877 P2d 80 (1994), whether an insurance company has a 'duty to defend or indemnify' its insured depends on two documents: the insurance policy and the complaint."

Area(s) of Law:
  • Business Law

Oregon Court of Appeals (58 summaries)

Sound-Rite Plastics, Ltd. v. Wright

“Under Washington law, ‘an anticipatory breach occurs when one of the parties to a bilateral contract either expressly or impliedly repudiates the contract prior to the time of performance. A party’s intent not to perform may not be implied from doubtful and indefinite statements that performance may or may not take place.’” Wallace Real Estate Inv., Inc. v. Groves, 124 Wash  2d  881, 898, 881 P2d 1010, 1019 (1994).

Area(s) of Law:
  • Contract Law

State v. V. L.

“[T]he facts in a juvenile petition that must be proved beyond a reasonable doubt under ORS 419C.400(2) are the facts described in ORS 419C.255(1)(b), and that that set of facts is separate from, and does not include, facts about a youth’s age. Thus, ORS 419C.400(2) does not require facts about a youth’s age to be established beyond a reasonable doubt.” See State v. Stamper, 197 Or App 413, 420, 106 P3d 172, rev den, 339 Or 230 (2005).

Area(s) of Law:
  • Juvenile Law

Moody v. Dept. of Human Services

“By running a period of a specified number of days from a date of mailing, the legislature indicates its intention that the period extend exactly that number of days from the date of mailing and no more.” See Quillen, 159 Or App at 9-10.

Area(s) of Law:
  • Civil Procedure

Sedgwick CMS, Inc. v. Dover

“[T]he third-party statutes, understood together, require that a paying agency is an insurer that is responsible for paying benefits on a compensable claim at the time of settlement with a third-party tortfeasor.” Sedgwick CMS, Inc. v. Dover, 318 Or App 38, 50 (2022).

Area(s) of Law:
  • Workers Compensation

State v. J. R.

“‘[A]djudication’ and ‘disposition’ of the allegations are understood to refer to distinct phases of delinquency proceedings,” M. A. S., 302 Or App at 701, and that, had the legislature intended the phrase detention “before adjudication on the merits” to mean detention before both the adjudication and the disposition stages, it would not have chosen to omit the term “disposition” from ORS 419C.145. Cf. PGE v. Bureau of Labor and Industries, 317 Or 606, 611, 859 P2d 1143 (1993).

Area(s) of Law:
  • Juvenile Law

State v. D.L.

For purposes of ORS 426.130(1)(a)(C) multiple violent acts or a violent act coupled with additional threats will demonstrate that a person is highly likely to engage in future violence; however, “[a]cts of violence are not required to establish that a person is dangerous; verbal threats may be sufficient, if the evidence provides a foundation for predicting future violent behavior.” State v. J. D., 315 Or App 316, 321, 499 P3d 113 (2021) (citing J. G., 302 Or App at 101 n 3).

Area(s) of Law:
  • Criminal Procedure

State v. Gilkey

For the state to establish that a officer has not exceeded the scope of a stop, it must present evidence that (1) the officer perceived a circumstance-specific danger, and that perception was objectively reasonable, and (2) the officer decided that the questions asked were necessary to address that danger, and it is objectively reasonable that those questions would ameliorate or clarify the safety concern. Jimenez, 357 Or at 430.

Area(s) of Law:
  • Criminal Procedure

State v. Shaw

“[P]rosecutorial knowledge which would bar a second prosecution after a plea of guilty on the first charge has to be knowledge which the prosecutor had or should have had at a time when he was in a position to call the attention of the court to the problem and move for joinder prior to the offer of a guilty plea on the first charge by the defendant and the acceptance of it by the court.” 20 Or App at 337.

Area(s) of Law:
  • Criminal Procedure

Cruz-Salazar v. SAIF

By providing a process for claim closure in claims involving combined conditions, ORS 656.268(1)(b) (setting forth procedure for the denial of combined conditions), the legislature had created an exception to the “general rule” that a worker is to be compensated for total impairment that is caused in material part by the compensable injury. Caren, 365 Or at 487.

Area(s) of Law:
  • Workers Compensation

State v. Campoverde

“[F]or the purposes of Article I, section 9, all investigative activities, including investigative inquiries, conducted during a traffic stop are part of an ongoing seizure and are subject to both subject-matter and durational limitations. Accordingly, an officer is limited to investigatory inquiries that are reasonably related to the purpose of the traffic stop or that have an independent constitutional justification.” State v. Arreola-Botello, 365 Or 695, 451 P3d 939 (2019).

Area(s) of Law:
  • Criminal Procedure

State v. Carlson

If a defendant is a cardholder, then, under ORS 137.542(2), the trial court must impose supervision conditions related to usable marijuana, medical cannabinoid products, cannabinoid concentrates, and cannabinoid extracts in the same manner as it would impose supervision conditions related to prescription drugs.

Area(s) of Law:
  • Criminal Law

Dept. of Human Services v. R. O.

To determine if good cause exists, courts "need not identify the universe or totality of considerations that might bear on good cause” because “the trial court’s ‘good cause’ determination [is] ultimately predicated on a consideration that is legally sufficient by itself to establish ‘good cause’ and that is supported by evidence in this record.” Three Affiliated Tribes of Fort Berthold at 553.

Area(s) of Law:
  • Juvenile Law

Gibson v. ESIS

“[W]hether an agency’s ultimate conclusions from its findings of fact are supported by substantial reason turns on whether the agency’s order supplies a rational connection between the facts and the legal conclusions it draws from them such that the conclusions are sufficiently reviewable by an appellate court.” United Academics of OSU, 315 Or App at 355-56.

Area(s) of Law:
  • Workers Compensation

State v. F. T.

To determine whether an issue is “likely to evade review,” the question is not whether a person in youth’s same circumstances would also fail to obtain appellate review, but “whether the general type or category of challenge at issue is likely to evade being fully litigated.” Eastern Oregon Mining Association v. DEQ, 360 Or 10, 17, 376 P3d 288 (2016)

Area(s) of Law:
  • Juvenile Law

State v. Leers

To obtain a conviction under ORS 165.572(1) for interference with making a report, the state must prove three elements: (1) that the defendant took an action—removing, damaging or interfering with a telephone; (2) that the action “had the effect of preventing or hindering another person from making a report to 9-1-1”; and (3) that the defendant did so intentionally. 259 Or App at 40.

Area(s) of Law:
  • Criminal Procedure

Chinese Consolidated Benevolent Assn. v. Chin

ORS 31.152 does not provide authority under ORCP 54 A(3) to award “any costs and disbursements, including attorney fees, provided by contract, statute, or rule.”

Area(s) of Law:
  • Civil Procedure

Dept. of Human Services v. E. J.

In order to overcome the privilege codified in ORS 419A.255, the party seeking to introduce evidence has the burden of showing that the contested records were not (1) history and prognosis information and (2) that they were not located in the supplemental confidential file or record of the case. Oregon Law Commission, Juvenile Records Work Group Report 14 (2013).

Area(s) of Law:
  • Juvenile Law

State v. Cross

“The defendant’s intent with respect to the scope of consent is unambiguously expressed, that manifestation of intent is controlling.” Id. at 539; see also State v. Winn, 361 Or 636, 643, 396 P3d 926 (2017).

Area(s) of Law:
  • Criminal Procedure

Dept. of Human Services v. T. L. M.

A juvenile court is authorized to order a psychological evaluation only where such an evaluation “is for a service that is rationally related to the findings that bring the child into the court’s jurisdiction.” W. C. T.,314 Or App at 776.

Area(s) of Law:
  • Juvenile Law

Double Tree Hotel v. Ansarinezhad

The plain and unambiguous text of the ORS 656.256 shows that the only plausible reading of the phrase “notice as required by this section” under subsection (4) is that such notice refers to the “notice of an accident” described in the preceding subsections (1), (2), and (3). 316 Or App 51 (2021).

Area(s) of Law:
  • Employment Law

King v. Gallagher Bassett Ins. Services

The medical causation component of claimant’s mental disorder claim presents a complex medical question that must be resolved on the basis of expert medical evidence. See Uris v. Comp. Dep’t, 247 Or 420, 426, 430 P2d 861 (l967).

Area(s) of Law:
  • Workers Compensation

Chaimov v. Dept. of Admin. Services

The lawyer-client privilege, articulated in OEC 503, applies to public entities. Including communications between the Department of Administrative Services and the Office of the Legislative Counsel.

Area(s) of Law:
  • Administrative Law

Dept. of Human Services v. D.E.A.

A juvenile court may change a child’s permanency plan away from reunification only if DHS proves, among other things, that DHS made “active efforts” to make it possible for the child to be reunited with the parent and, notwithstanding those efforts, the parent’s progress was insufficient to make reunification possible. Dept. of Human Services v. D. L. H., 251 Or App 787, 798, 284 P3d 1233, adh’d to as modified on recons, 253 Or App 600, 292 P3d 565 (2012), rev den, 353 Or 445 (2013).

Area(s) of Law:
  • Juvenile Law

Diens v. Bonome

“Under the discovery rule, the statute of limitations began to run on petitioner's claim when petitioner knew 'or in the exercise of reasonable care should have known facts which would make a reasonable person aware of a substantial possibility that each of the three elements of a claim (harm, causation, and tortious conduct) exist[ed].' McLean, 189 Ore. App. at 424-25.

Area(s) of Law:
  • Trusts and Estates

Laack v. Botello

In accordance with Phan, the striking of pleadings and the dismissal of claims as a sanction is not within the court’s authority under ORS 1.010 and must be statutorily authorized. 185 OR App at 633.

Area(s) of Law:
  • Civil Procedure

Nelson v. Liberty Ins. Corp

For purposes of estoppel by silence, “the duty to speak does not arise until the party against whom estoppel is urged knows or should know that the failure to speak will likely mislead the other party to act to his or her detriment.” Pfaendler, 195 Or App at 570.

Area(s) of Law:
  • Property Law

NW Metals, Inc. v. Driver & Motor Vehicle Servs. Div.

A single legal entity cannot take physical possession of a vehicle from itself, nor can it take possession of a vehicle's ownership record from itself. See OAR 735-152-0000(1).

Area(s) of Law:
  • Business Law

State v. Kiesau

“The rule against prosecutorial vouching—i.e., prosecutors giving their personal opinions on the credibility of witnesses—is rooted in the principle “that counsel’s credibility opinions are not evidence and are sometimes based on facts not in evidence—thus, they tend to distract the jury from its duty to base its verdict on the evidence at trial.” State v. Sperou, 365 Or 121, 129, 442 P3d 581 (2019).

Area(s) of Law:
  • Criminal Procedure

Borough v. Caldwell

“[A] plaintiff who has won or lost a declaratory judgment action ‘may * * * bring a subsequent action for other relief, subject to the constraint of the determinations made in the declaratory action,’ because ‘a declaratory action determines only what it actually decides and does not have a claim preclusive effect on other contentions that might have been advanced.’” Restatement (Second) of Judgments §33 comment c (“Effects as to matters not declared”); see also Andrew Robinson Int’l, Inc. v. Hartford Fire Ins. Co., 547 F3d 48, 56 (1st Cir 2008).

Area(s) of Law:
  • Trusts and Estates

Mendoza v. Xtreme Truck Sales, LLC

If a plaintiff rejects a defendant’s offer of judgment and then “fails to obtain a judgment more favorable than the offer,” the defendant, and not the plaintiff, is entitled to costs and fees. See generally Mathis v. St. Helens Auto Center, Inc., 367 Or 437, 448-50, 478 P3d 946 (2020).

Area(s) of Law:
  • Civil Procedure

Riverbend Landfill Co. v. Yamhill County

A LUBA order is unlawful in substance “if it represent[s] a mistaken interpretation of the applicable law.” Mountain West Investment Corp. v. City of Silverton,175 Or App 556, 559, 30 P3d 420 (2001).

Area(s) of Law:
  • Land Use

Dept. of Human Services v. D. F. R. M.

Under ORS 419B.368, the party seeking to terminate parental rights must show, by way of clear and convincing evidence, that the termination of parental rights is in the best interest of the child.

Area(s) of Law:
  • Juvenile Law

State v. Butler

When a defendant repeatedly creates new profiles shortly after being blocked by a victim, and the content of the messages posted by those profiles could lead to the inference that it was more likely than not that defendant was attempting to contact the victim, the conduct likely amounts to contact for purposes of conditions of no-contact. See State v. Crombie, 267 Or App 705, 711, 341 P3d 841 (2014).

Area(s) of Law:
  • Criminal Law

State v. C.L.

To permit commitment on the basis of dangerousness to others, the state must establish "that actual future violence is highly likely." State v. M. A., 276 Or App at 629. “Past acts, including verbal acts, can justify a finding of dangerousness, if they ‘form a foundation for predicting future dangerousness.’” M. R., 225 Or App at 574.

Area(s) of Law:
  • Appellate Procedure

State v. J.D.J

In order to demonstrate that an individual in incapable of caring for their own wellbeing, the State must "prove that the person 'is unable to provide for his or her basic personal needs in a way that leaves the person at nonspeculative risk of serious physical harm—meaning that the person's safe survival will be compromised—in the near future.'" State v. R. L. M., 309 Or App 545, 548-49(2021) (quoting State v. M. A. E., 299 Or App 231, 240 (2019)).

Area(s) of Law:
  • Civil Commitment

State v. Martin

If cross examination does not increase the reliability of a statement admitted pursuant to a firmly rooted hearsay exception, then, by definition, allowing confrontation would not provide defendant a meaningful opportunity to test the veracity of the evidence for purposes of due process. See Morrissey, 408 U.S. at 484.

Area(s) of Law:
  • Evidence

Peterson Mach. Co. v. May

"Equity has no power to compel a man who changes employers to wipe clean the slate of his memory." Peerless Pattern Co. v. Pictorial Rev. Co., 147 AD 715, 717, 132 NYS 37 (NY App Div 1911).

Area(s) of Law:
  • Employment Law

Patton v. Cox

"We must affirm despite trial court error if there is little likelihood that the error affected the verdict." State v. Parkerson, 310 Ore. App. 271, 278, 484 P3d 356 (2021). "To make that determination, the court considers the instructions as a whole and in the context of the evidence and record at trial, including the parties' theories of the case with respect to the various charges and defenses at issue." Id. (internal quotation marks omitted).

Area(s) of Law:
  • Contract Law

State v. Brown

“Preservation rules are 'pragmatic as well as prudential,' and they are intended to promote the administration of justice, not subvert it.” Peeples v. Lampert, 345 Or 209, 220, 191 P3d 637 (2008).

Area(s) of Law:
  • Constitutional Law

Tokarski v. Wildfang

When a director acted in a way that was clearly prohibited by the governing documents, or failed to take an action that was clearly required by the governing documents, a factfinder could find that the director acted with reckless disregard to the corporation's best interest, as that interest has been defined by the corporation's governing documents, and, thus, with reckless disregard to the attendant breach of fiduciary duty. WSB Investments, LLC v. Pronghorn Devel. Co., LLC, 269 Or App 342, 362 (2015).

Area(s) of Law:
  • Contract Law

Dept. of Human Services v. C. W.

To change a permanency plan from reunification to anything else, under ORS 419B.476, DHS must prove by a preponderance of the evidence both: (1) that DHS made "reasonable efforts" to reunify the child with mother; and (2) that, notwithstanding those efforts, mother's progress was not sufficient to allow reunification. Dept. of Human Services v. V. A. R., 301 Ore. App. 565, 567, 456 P3d 681 (2019).

Area(s) of Law:
  • Family Law

Pistol Resources, LLC v. McNeely

The material terms of an easement agreement are explicitly "to obtain the right to use the existing roads and to construct and use roads across lands of the other for forest management purposes and for the purpose of transporting logs and other forest products, agricultural products and minerals" and desired to "grant, one to the other, such rights." Sander v. Nicholson, 306 Ore. App. 167, 174, 473 P3d 1113, rev den, 367 Ore. 290, 476 P.3d 1255 (2020).

Area(s) of Law:
  • Property Law

State v. Alvarado

Under the Mayfield test, evidence must be logically relevant and have a probative value substantial enough to outweigh any attendant danger of unfair prejudice. Mayfield, 302 Ore. at 645.

Area(s) of Law:
  • Criminal Procedure

State v. Anotta

Pursuant to ORS 137.010, it is error for the court to impose that fee outside the defendant's presence because doing so prevents the defendant from arguing for such a suspension. State v. Baccaro, 300 Or. App. 131, 137 (2019).

Area(s) of Law:
  • Criminal Law

State v. Gayman

Operators of motor assisted scooters are not generally subject to the provisions of the vehicle code that apply to motor vehicles and their operators because motor assisted scooters are not physically capable of operating in the same manner as a motor vehicle, and the vehicle code reflects that distinction.

Area(s) of Law:
  • Criminal Law

Much v. Doe

“An application for an order is a motion. Every motion, unless made during trial, shall be in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.” ORCP 14.

Area(s) of Law:
  • Civil Procedure

State v. Tharp

“[A]n inference cannot be "supported by mere speculation" but "must be reasonable, based on the record.” See Aguirre-Rodriguez II, 367 Or. at 623

Area(s) of Law:
  • Criminal Law

Anderson v. Sullivan

Although a court may deny fees on fees in connection with unsuccessful aspects of a fee request, it is legally incorrect to say that a party "cannot" recover any fees on fees unless all of the requested fees were awarded.

Area(s) of Law:
  • Landlord Tenant

State v. Berglund

A "court's sentencing authority exists solely by virtue of a statutory grant of power and therefore cannot be exercised in any manner not specifically authorized." State v. Coventry, 290 Or App. 463, 464 (2018). However, a claim is not precluded by this rule when a proceeding for violating a condition of probation is initiated “during the probation period.” State v. Ludwig, 218 Or 483, 492 (1959).

Area(s) of Law:
  • Criminal Procedure

Hernandez v. Catholic Health Initiatives

Anyone qualifying as a "person" under ORS 659A.001(9) may be an aider or abettor of an unlawful employment practice in a way that subjects them to liability under ORS 659A.030(1)(g).

Area(s) of Law:
  • Employment Law

State v. Escudero

Absent an independent constitutional justification, a drug-detecting dog generally cannot, consistent with Article I, section 9, sniff a car for drugs during a traffic stop. State v. Soto-Navarro, 309 Or. App. 218, 223 (2021).

Area(s) of Law:
  • Constitutional Law

State v. Shevyakov

Asking for consent to search, including requesting that a suspect perform FSTs, constitutes impermissible interrogation unless the law precludes the use of the person’s refusal against that person at trial.

Area(s) of Law:
  • Criminal Law

Gladd v. Lucarelli

A FAPA restraining order is available upon a showing that (1) the Petitioner has been the victim of abuse committed by the Respondent within the 180 days preceding the filing of the petition, (2) there is an imminent danger of further abuse to the Petitioner, and (3) the Respondent represents a credible threat to the physical safety of the Petitioner or the Petitioner’s child. ORS 107.718(1)

Area(s) of Law:
  • Criminal Procedure

State v. Etzel

Scientific knowledge cannot assist the trier of fact if it is not 'scientifically valid.' State v. O'Key, 321 Ore. 285, 293, 899 P2d 663 (1995).

Area(s) of Law:
  • Criminal Law

Jenkins v. Cain

“For claims of ineffective counsel based on failure to investigate, establishing the performance prong is a fact specific endeavor, which must consider the ‘context of the legal proceeding at issue.’” Snyder v. Amsberry, 306 Or. App. 439, 449-450 (2020).

Area(s) of Law:
  • Civil Procedure

State ex rel. Kotek v. Fagan

"A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust or station[.]” ORS 34.110.

Area(s) of Law:
  • Constitutional Law

Department of Human Services v. K.S.S.

To change a permanency plan from reunification to adoption, “the proponent of the change must prove that, despite DHS’s reasonable efforts to reunify the parent with his or her child, the parent has not made sufficient progress for the ward to safely return home.” Dept. of Human Services v. C. E., 288 Or App 649, 656, 406 P3d 211 (2017) (internal quotation  marks  omitted); ORS 419B.476(2)(a).

Area(s) of Law:
  • Family Law

State V. Bock 310 Or App 329 (2021)

The plain view doctrine does not apply to digital searches because “electronic devices contain ‘unprecedented’ amounts of personal information, and, unlike physical searches, searches of electronic devices require examination of at least some information that is beyond the scope of the warrant.” State v. Mansor, 363 Or 185, 208, 220, 421 P3d 323 (2018).

Area(s) of Law:
  • Criminal Procedure

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