Category | Supreme Court

Court of Appeals releases report stating a need for more judges

March 29, 2012

SALEM, Ore.- Chief Judge David Brewer of the Oregon Court of Appeals released the Annual Court of Appeals Report Wednesday morning, stressing a need in the court for more judges.

“Even though for more than 90 percent of appellate litigants the Court of Appeals has the final word in their case, no new judges have been added to the Court in 35 years,” wrote Brewer.

Court rejects protections on inmates’ legal mail

December 21, 2011

SALEM, Ore.- The Oregon State Court of Appeals released an opinion Wednesday, ruling that the Constitution doesn’t protect inmates’ legal mail.

Jacob Barrett’s attorney argued that staff from the Oregon State Penitentiary began opening mail from his attorney a few years ago, saying in court documents that this happened “outside of [petitioner’s] presence and without due process.”

Oregon Supreme Court bounces ballot title back to the Attorney General

December 13, 2011

SALEM, Ore.- A recent decision by the Oregon Supreme Court sent a title for an upcoming ballot initiative back toAttorney General John Kroger’s office to be renamed.

Initiative Petition 21 would ban the use of gillnets when fishing in the Columbia River. The measure would authorize using seine nets instead of gillnets, the only net currently allowed for fishing in the Columbia.

Union Pacific employee turns to Court of Appeals for injury compensation

July 12, 2011

SALEM—The Oregon State Court of Appeals met Monday morning for a full docket, hearing four of the day’s 12 scheduled cases before recessing for the morning.

The second case, Daniel Baggarley v. Union Pacific Railroad Company, addressed personal injury compensation within Oregon’s statute of limitations.

Supreme Court decision could lead to legislation for online privacy

January 11, 2011

SALEM- The Oregon Supreme Court recently made a decision that may lead to new legislation concerning the individual privacy of in-home web browsers.

It was the year 1995; Barry Barger was in the midst of an investigation for child sexual abuse when his wife submitted their home computer to the police with suspicion of child pornography.

Files containing explicit photos of children were not found on Barger’s home computer in Eugene. However, the web history proved inappropriate pictures of young girls had been explored on the computer.

Oregon Chief Justice set to present State of Courts address to City Club

January 06, 2011

SALEM- Chief Justice Paul De Muniz will be giving his annual State of the Courts address to the Salem City Club on Friday.

The Salem City Club, a group meeting every other week in the state’s capitol city, exists to provide information and encourage citizenship activity among its members. This particular event will be co-sponsored by the Marion County Bar Association.

De Muniz has been presenting this annual State of the Courts report to the group for the past five years, since becoming Chief Justice of the state’s highest appellate court.

Supreme Court rejects evidence collected from pre-Miranda statements

July 01, 2010

SALEM- The Oregon Supreme Court ruled July 1 that rights against self-incrimination extend not just to in-court testimony, but also to physical evidence in State v. Vondehn.

Hyatt Vondehn was arrested after officers pulled over his car and then discovered that he had an outstanding warrant.

Tags: , , ,

Supreme Court sends tobacco case back to lower court for reevaluation

June 24, 2010

SALEM- The Oregon State Supreme Court released an opinion Thursday on a case involving Philip Morris Inc., a large tobacco company, and the estate of a woman who died from complications with lung cancer.

Michelle Schwartz died after smoking cigarettes for 45 years. Her husband, the personal representative of her estate, sued Philip Morris for marketing an addictive product that caused adverse health effects. Punitive damages are awarded to reform behavior of the defendant, which was Philip Morris Inc. in this case.

Tags: , ,

Supreme Court ok’s policy to ease searches of students

June 15, 2010

SALEM- The Oregon State Supreme Court ruled that warrantless searches of students in public schools by officials need only “reasonable suspicion” rather than “probable cause,” making it easier for school officials to search property of students.

The opinion of the Court, released June 10, stated that the Article I Section 9 rights of the Rex Putnam High School student had not been violated when David Pogel, a teacher at Rex Putnam, reached into the student’s pocket and removed the contraband inside.

Tags: , ,

Recent Supreme Court ruling generates concerns over privacy rights

May 28, 2010

SALEM- The Oregon State Supreme Court ruled that a warrantless search by police officers of two bags left in a hotel room did not violate the privacy rights of Sheena Brown under the Oregon or the United States Constitutions.

Tags: , , ,