United States

Oregon Court of Appeals affirms summary judgment in wrongful death case

The Oregon Court of Appeals affirmed a trial court's summary judgment in a wrongful death case. The court found that the risk of harm from a minor's unsupervised access to firearms was not foreseeable to the defendant parent as a matter of law, upholding the dismissal of the case against the defendant.

Oregon Court of Appeals Reverses Adverse Possession Claim

The Oregon Court of Appeals reversed and remanded a judgment granting plaintiff all interest in a roadway based on adverse possession. The court found the evidence legally insufficient to support a finding of exclusive possession, a requirement for adverse possession claims under ORS 105.620(1)(a).

State v. Demby - Unlawful Use of Mace Affirmation

The Oregon Court of Appeals affirmed a conviction for second-degree unlawful use of mace in State v. Demby. The court found sufficient evidence based on eyewitness testimony, rejecting the defendant's argument that chemical analysis was required.

Pickard v. Bland - Father's Custody Appeal Denied

The Oregon Court of Appeals affirmed a trial court's decision denying a father's motion to modify custody and parenting time. The court found no error in the trial court's application of best-interest factors or its findings regarding the child's frequent and continuing contact with the father.

State v. Dubois - Affirmation of Probation Revocation

The Oregon Court of Appeals affirmed a lower court's decision to revoke Anna Louise Dubois' probation and impose a prison sentence. The defendant argued the trial court abused its discretion by not explaining how her admissions contributed to the revocation decision.

State v. Quirk - Criminal Case

The Oregon Court of Appeals affirmed a conviction for 15 sex crimes against Devin Michael Quirk but remanded the case for resentencing due to a conceded sentencing error. The court rejected the defendant's other assignments of error.

State v. Clark - Criminal Sentencing Appeal

The Oregon Court of Appeals remanded a first-degree arson conviction for resentencing, finding the trial court erred by not considering the defendant's mental health attributes in imposing a mandatory 90-month prison sentence. The court affirmed the conviction but ordered a new sentencing hearing.

City of Portland v. Zurita-Cortes - Criminal Appeal

The Oregon Court of Appeals affirmed the conviction of Alexander Zurita-Cortes in City of Portland v. Zurita-Cortes. The court issued a nonprecedential memorandum opinion, citing previous case law to support its decision.

Dept. of Human Services v. A. A. C. - Juvenile Dependency Case

The Oregon Court of Appeals reversed and remanded the juvenile dependency case of Dept. of Human Services v. A. A. C. The court found that the trial court erred by asserting jurisdiction over the child based on grounds related to only one of the child's two parents. The case was sent back for correction of this defect.

Parker v. Alexander - NY Laws vs NYC Law Preemption

The Second Circuit Court of Appeals has certified a question of New York law to the New York Court of Appeals regarding the preemption of the New York City Victims of Gender-Motivated Violence Protection Law by the state's Child Victims Act and Adult Survivors Act. This decision stems from an appeal concerning claims previously barred by statute of limitations, which were revived under the city law.