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Oregon

Court of Appeals of Oregon
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State v. T. L. — Involuntary Commitment Under Expanded Chronic Mental Illness Criteria Affirmed; Prior Expanded-Criteria Hospitalizations Count Toward Two-Hospitalization Prerequisite

The Oregon Court of Appeals affirmed a 180-day involuntary commitment under the expanded chronic mental illness criteria of former ORS 426.005(1)(f)(C), holding as a matter of statutory interpretation that prior hospitalizations resulting from expanded-criteria commitments count toward the two-hospitalization prerequisite in sub-subparagraph (C)(ii), and that three mental health professionals’ testimony provided sufficient evidence that the patient’s current symptoms substantially resembled those preceding his prior commitments.

Court of Appeals of Oregon
Uncategorized

Westbrook v. Hubbard — Custody Order Reversed Where Child’s Recorded Statement About Sexual Abuse Was Admitted Without OEC 803(18a)(b) Notice or Reliability Showing

The Oregon Court of Appeals reversed an order denying father’s motions to enforce parenting time and modify custody after the trial court admitted a child’s recorded statement about sexual abuse without requiring the proponent to comply with OEC 803(18a)(b)’s mandatory prerequisites of 15 days’ advance notice and an affirmative reliability showing, and found the error harmful because the statement was the only evidence of the sexual nature of the alleged abuse.

Court of Appeals of Oregon
Uncategorized

Webb v. Webb — Trial Court Plainly Erred by Ordering Mother to Pay 66 Percent of Adult Child’s College Costs Outside the Child Support Guidelines

The Oregon Court of Appeals reversed the portion of a supplemental judgment ordering mother to pay 66 percent of her adult child’s college tuition as a freestanding obligation, holding that ORS 107.108 does not authorize education-cost orders outside the Child Support Guidelines and that the trial court plainly erred in concluding it had “a lot more discretion” when setting support for an adult child attending school.

Court of Appeals of Oregon
Uncategorized

State v. Escalante — Domestic Violence Convictions Reversed Because Trial Court Failed to Re-Read Constitutional Jury Instructions After Close of Evidence

The Oregon Court of Appeals reversed convictions for domestic violence strangulation and harassment because the trial court failed to reread constitutional jury instructions—including the presumption of innocence and proof beyond a reasonable doubt—as part of its oral charge to the jury at the close of evidence, applying State v. Shine, 375 Or 112 (2026), and holding the error was plain, not harmless, and warranted discretionary correction even without a trial-level objection.

Court of Appeals of Oregon
Uncategorized

State v. Bement — True-Life Sentence for First-Degree Murder Vacated Where Court Imposed Enhanced Sentence on Judicial Factfinding Alone

The Oregon Court of Appeals remanded for resentencing after holding that the trial court violated the Sixth Amendment by imposing a true-life sentence under ORS 163.107(2)(b) based solely on its own factual findings, confirming that a constitutionally valid LWOP sentence for first-degree murder requires jury-found enhancement facts submitted through the Blakely-remedy procedure of ORS 136.760–136.792.

Court of Appeals of Oregon
Uncategorized

Citizens for Responsible Development in The Dalles v. Walmart — Agency May Reopen Record on Broad Remand; DSL Fill Permit Affirmed

The Oregon Court of Appeals affirmed DSL’s decision to issue a removal/fill permit to Walmart after remand from the Oregon Supreme Court, holding that a general “further proceedings” remand gives an agency broad discretion to reopen the record, and that neither issue preclusion nor the law-of-the-case doctrine barred DSL from revisiting previously inconclusive findings about public benefits.

Court of Appeals of Oregon
Uncategorized

Calaveras II, LLC v. Eastside Bend, LLC — Lis Pendens Misdescribing the Object of Suit Is Invalid; ORS 205.470 Damages Run Per Lot

The Oregon Court of Appeals affirmed the striking of lis pendens notices as invalid encumbrances under ORS 205.460 because the notices falsely identified the object of the suit as enforcing a CC&R lien that did not exist, and held that the $5,000 minimum statutory penalty under ORS 205.470 applies on a per-lot basis when an invalid encumbrance clouds multiple individually titled parcels.

Court of Appeals of Oregon
Uncategorized

Bong v. LaFontaine — Trial Court Erred by Denying Judge-Disqualification Motion Without Required Statutory Process

The Oregon Court of Appeals reversed the dismissal of a pro se mandamus petition, holding that the trial court erred by denying a motion to disqualify the assigned judge without any judge challenging the movant’s good faith — a prerequisite under ORS 14.260(1) before the motion may be denied.

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