Category: Oregon Court of Appeals Opinions

238 P.3d 1034 Smith v. Employment Department et al. No. (A141818).Oregon Court of Appeals. August 25, 2010. Cases Affirmed Without Opinion.

922 P.2d 683 Garfield deBARDELABEN and Marian deBardelaben, Respondents, v. TILLAMOOK COUNTY, Respondent below, and Darryl CARTER, Petitioner. LUBA No. 95-238; CA A93091Oregon Court of Appeals. Argued and submitted June 19, reversed and remanded July 31, 1996 Page 320 Judicial Review from Land Use Board of Appeals. Timothy J. Sercombe argued the cause and filed […]

255 P.3d 676 In the Matter of the Compensation of Millsap, Michael W., Claimant. Millsap v. SAIF Corporation et al. No. (A145364).Oregon Court of Appeals. May 11, 2011. Cases Affirmed Without Opinion.

985 P.2d 240 State v. Vanek, Kelly Kossel. No. A103070.Oregon Court of Appeals. July 21, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Affirmed.

833 P.2d 1339 STATE OF OREGON, Respondent, v. DON RONNALL WOODSON, Appellant. (Cases Consolidated) C89-05-32774; CA A64036 (Control), A62899Oregon Court of Appeals.Argued and submitted October 23, 1991 Conviction for attempted rape reversed and remanded for new trial; otherwise affirmed July 1, 1992 Reconsideration denied October 14, 1992 Petition for review allowed November 24, 1992 (314 […]

685 P.2d 1019 STATE ex rel QUACKENBUSH, Respondent — Cross-Appellant, v. QUACKENBUSH, Appellant — Cross-Respondent. 77-11-272; CA A28892Oregon Court of Appeals.Argued and submitted May 16, 1984 Affirmed on appeal, remanded on cross-appeal August 8, 1984 Reconsideration denied September 28, 1984 Petition for review denied November 6, 1984 Appeal from Circuit Court, Clackamas County. Charles A. […]

472 P.2d 835 RENNEBOHM, Appellant, v. RENNEBOHM, Respondent. Oregon Court of Appeals.Argued April 27, 1970 Affirmed July 23, 1970 Appeal from Circuit Court, Marion County. GLEN HIEBER, Judge. Page 108 J. Ray Rhoten, Salem, argued the cause for appellant. On the brief were Rhoten, Rhoten Speerstra, Salem. Edward L. Clark, Jr., Salem, argued the cause […]

768 P.2d 442 STONE, Respondent, v. HENRY ENTERPRISES, INC., Appellant. E86-1724; CA A48061Oregon Court of Appeals.Argued and submitted January 13, 1989 Reversed; remanded for entry of judgment for defendant February 22, 1989 Appeal from the Circuit Court, Douglas County, Don H. Sanders, Judge. Neal Walker, Roseburg, argued the cause for appellant. With him on the […]

246 P.3d 1162 PORTLAND STATE UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, Respondent, v. PORTLAND STATE UNIVERSITY, Petitioner. Nos. UP3605; A138895.Oregon Court of Appeals.Argued and submitted January 13, 2010. December 29, 2010. Appeal from the Employment Relations Board. Page 109 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

834 P.2d 496 STATE OF OREGON, Respondent, v. ANTONIO QUINTERO, SR., Appellant. STATE OF OREGON, Respondent, v. HIPOLITO VILLARREAL, Appellant. STATE OF OREGON, Respondent, v. MIGUEL QUINTERO, Appellant. (Cases Consolidated) 88C22022; CA A60589 (Control), 88C22023; CA A60839, 88C22024; CA A61030Oregon Court of Appeals. On petitioner Villarreal’s petition for reconsideration filed January 15, 1992 Petition for […]

120 P.3d 904 In the Matter of Kailey Christison, a Minor Child. Steve T. McARTHUR, Respondent, and Amy B. PARADIS, fka Amy B. Christison, Appellant. 01C-34305; A123354.Oregon Court of Appeals.Argued and submitted February 16, 2005. Resubmitted en banc August 3, 2005. September 21, 2005. December 6, 2005. Page 531 En Banc Appeal from Circuit Court, […]

220 P.3d 748 STATE OF OREGON, Plaintiff-Respondent, v. STEVEN NICHOLAS BACKSTRAND, Defendant-Appellant. C071116CR; A136163.Oregon Court of Appeals.Argued and submitted January 29, 2009. November 4, 2009. Page 622 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 622-a [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

182 P.3d 250 ARLEN PORTER SMITH, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. No. A114180.Oregon Court of Appeals.Submitted on record and briefs September 7, 2007. April 9, 2008. Appeal from the Department of Corrections. Page 193 Arlen Porter Smith filed the brief pro se. Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erin C. […]

933 P.2d 976 STATE OF OREGON, Appellant, v. EDWARD ORLOVSKI, aka Richard Years, aka Edward Jones, Respondent. C95-11-39118; CA A92713Oregon Court of Appeals.Argued and submitted December 20, 1996. Reversed and remanded March 5, 1997. Appeal from the Circuit Court, Multnomah County, Roosevelt Robinson, Judge. David B. Thompson, Assistant Attorney General, argued the cause for appellant. […]

103 P.3d 1180 STATE OF OREGON, Respondent, v. JIMMY RAY VAUGHN, JR., Appellant. CF010608; A118919.Oregon Court of Appeals. December 29, 2004. Appeal from Circuit Court, Umatilla County. Garry L. Reynolds, Judge. On appellant’s petition for reconsideration filed June 30, 2004. Affirmed without opinion filed June 16, 2004. 193 Or App 823, 94 P3d 914 (2004). […]

752 P.2d 323 McCOY et al, Respondents, v. LINN COUNTY, Respondent Below, and BENTLEY et al, Petitioners. LUBA 87-046; CA A47082Oregon Court of Appeals.Argued and submitted February 19, 1988 Affirmed April 6, 1988 Judicial Review from Land Use Board of Appeals. Steven Schwindt, Canby, argued the cause for petitioners. With him on the brief was […]

234 P.3d 990 David SCHMIDT, Plaintiff-Appellant, and N.M., Plaintiff, v. ARCHDIOCESE OF PORTLAND IN OREGON, an Oregon corporation; Roman Catholic Archbishop of Portland in Oregon, dba Archdiocese of Portland in Oregon and Roman Catholic Archbishop of Portland in Oregon, and successors, a corporation sole; Mt. Angel Abbey, an Oregon not for profit corporation; and Louis […]

768 P.2d 924 BURKE, Respondent — Cross-Appellant, v. AMERICAN NETWORK, INC., Appellant — Cross-Respondent. A8503-01914; CA A44780Oregon Court of Appeals.Argued and submitted November 23, 1988 On appeal, judgment affirmed in part; otherwise reversed and remanded for new trial; award of penalty and attorney fees vacated; remanded on cross-appeal February 22, 1989 Appeal from the Circuit […]

574 P.2d 696 YUNKER, Appellant, v. MATHEWS, Defendant, MULTNOMAH COUNTY et al, Respondents. No. 417324, CA 7662Oregon Court of Appeals. Argued November 21, 1977, affirmed February 13, reconsideration denied March 29, petition for review denied June 20, 1978 Page 552 Appeal from Circuit Court, Multnomah County. Robert E. Jones, Judge. Darrell E. Bewley, Portland, argued […]

650 P.2d 180 ADAIR HOMES, INC., Respondent, v. JARRELL et ux, Appellants. No. 40-370, CA A22492Oregon Court of Appeals.Argued and submitted July 21, 1982. Affirmed September 8, 1982. Page 81 Appeal from Circuit Court, Washington County, Jon B. Lund, Judge, David J. Jack, Hillsboro, argued the cause for appellants. With him on the brief was […]

795 P.2d 616 STATE OF OREGON, Respondent, v. MATTIE ANN MARTZ, Appellant. 10-88-04062; CA A61146Oregon Court of Appeals.Argued and submitted May 30, 1990 Reversed August 8, 1990 Appeal from Circuit Court, Lane County. George J. Woodrich, Judge. Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, […]

794 P.2d 824 In the Matter of the Compensation of Robert M. Bryant, Claimant. WEYERHAEUSER COMPANY, Petitioner, v. Robert M. BRYANT, Respondent. WCB 86-01731; CA A60254Oregon Court of Appeals.Argued and submitted November 15, 1989 Reversed and remanded for reconsideration July 18, 1990 Judicial Review from Workers’ Compensation Board. Brian L. Pocock, Eugene, argued the cause […]

245 P.3d 710 State v. Velasco-Mares, Rafael. No. (A143754).Oregon Court of Appeals. November 24, 2010. Cases Affirmed Without Opinion.

114 P.3d 1157 STATE v. ANTHONY PAUL ARNOLD. No. A122218.Oregon Court of Appeals. June 15, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Case affirmed without opinion.

617 P.2d 948 McDONOUGH, et al, Appellants, v. JONES, Respondent. No. 36 880, CA 16323Oregon Court of Appeals.Argued and submitted July 21, 1980 Affirmed October 13, 1980 Reconsideration denied November 20, 1980 Petition for review denied February 4, 1981 Page 786 Appeal from the Circuit Court, Washington County. Donald C. Ashmanskas, Judge. Michael J. Gentry, […]

501 P.2d 1311 STATE OF OREGON, Respondent, v. GEORGE STEVEN SIMPSON, Appellant. No. 37985Oregon Court of Appeals.Argued September 18, 1972. Affirmed October 19, 1972. Petition for rehearing denied November 8, 1972, Petition for review denied January 4, 1973 Appeal from Circuit Court, Douglas County, CHARLES S. WOODRICH, Judge. Dean Heiling, Winston, argued the cause and […]

182 P.3d 255 EARL ALLEN III, Petitioner-Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Defendant-Respondent. Nos. 00C14551; A125096.Oregon Court of Appeals.Argued and submitted February 28, 2008. April 9, 2008. Appeal from the Marion County Circuit Court. Joseph C. Guimond, Judge. Erin K. Galli argued the cause for appellant. With her on the brief was Chilton, […]

33 P.3d 1065 In the Matter of the Marriage of RICKY EDWARD DOTSON, Appellant, and ANDREA KELLY DOTSON, Respondent. 15-99-18473; A110768Oregon Court of Appeals.Argued and submitted October 8, 2001. Filed: October 31, 2001 Appeal from Circuit Court, Lane County. Eveleen Henry, Judge. George W. Kelly argued the cause and filed the brief for appellant. Marjorie […]

788 P.2d 468 ASHER, Appellant, v. HALD, Respondent. 87-1834-J-2; CA A48989Oregon Court of Appeals.Argued and submitted November 20, 1989 Reversed and remanded March 7, 1990 Reconsideration denied June 6, 1990 Petition for review denied July 3, 1990 Appeal from Circuit Court, Jackson County. L.L. Sawyer, Judge. Thomas J. Reeder, Medford, argued the cause and filed […]

741 P.2d 512 BENJAMIN FRANKLIN FEDERAL SAVINGS LOAN ASSOCIATION, Respondent, v. PARKER et al, Appellants. A8503-01671; CA A41211Oregon Court of Appeals.Argued and submitted April 27, 1987. Affirmed August 26, reconsideration denied October 16, petition for review denied November 3, 1987 (304 Or. 311). Appeal from the Circuit Court, Multnomah County, Donald L. Kalberer, Judge. Charles […]

146 P.3d 376 Mary Lee HUSTED, Respondent, v. SCI OREGON FUNERAL SERVICES, INC., Appellant. Nos. 16-04-05975; A129756.Oregon Court of Appeals.Argued and submitted October 6, 2006. November 1, 2006. Appeal from Circuit Court, Lane County. Lyle C. Velure, Judge. Jennifer J. Roof argued the cause for appellant. With her on the briefs were Bruce A. Rubin […]

260 P.3d 501 STATE OF OREGON, Plaintiff-Appellant, v. JAVIER EUMANA-MORANCHEL, Defendant-Respondent. Nos. 081053188; A142632.Oregon Court of Appeals.Argued and submitted March 8, 2011. June 15, 2011. Appeal from the Multnomah County Circuit Court, Lewis Bridgers Lawrence, Judge. Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. […]

188 P.3d 476 David YOUNG, Plaintiff-Appellant, and Al CHANDLER, Mike Reinecke, Karen (Eastman) Memory, Larry D. Conn, Leonard J. Drung, Jess Eastman, Debra E. Fery, Bruce L. Fochtman, Lois G. Harris, Cheryl L. Ho, Lloyd Horsley, Wilfred Hudson, Mark A. Jones, Robert Jordan, David C. Judkins, David Kunz, Gordan J. Larson, Margaret J. Loftis, Judy […]

201 P.3d 940 State v. Hernandez, Ricardo. No. (A135740).Oregon Court of Appeals. January 21, 2009. CASES AFFIRMED WITHOUT OPINION.

106 P.3d 670 STATE OF OREGON, Appellant, v. OSCAR IGNACIO GUTIERREZ, Respondent. 010735026; A119840.Oregon Court of Appeals.Argued and submitted November 30, 2004. Affirmed February 16, 2005. Appellant’s petition for reconsideration filed March 2 allowed by opinion May 18, 2005. Page 497 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

197 P.3d 1152 State v. Woods, Larry Leroy. No. (A131013).Oregon Court of Appeals. November 19, 2008. Cases Affirmed without Opinion.

113 P.3d 990 IN THE MATTER OF THE COMPENSATION OF KATIE M. WARE, CLAIMANT. WARE v. FREIGHTLINER LLC. No. A124580.Oregon Court of Appeals. May 25, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Case affirmed without opinion.

143 P.3d 267 State v. Morse, William Lanchie. No. A123286.Oregon Court of Appeals. August 30, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Cases Affirmed without Opinion rev den, 342 Or 117.

554 P.2d 628 STATE OF OREGON, Respondent, v. VICTOR VIRGIL CRACE, JR., Appellant. No. 22958, CA 6140Oregon Court of Appeals.Argued August 20, 1976. Affirmed September 27, 1976. Page 928 Appeal from Circuit Court, Polk County. Darrell J. Williams, Judge. Bryan L. Peterson, Portland, argued the cause for appellant. With him on the brief were Peterson, […]

524 P.2d 1240 STATE HIGHWAY COMMISSION, Appellant, v. STOCKHOFF ET AL, Respondents. No. 21342Oregon Court of Appeals.Original opinion argued January 25, 1974 Affirmed March 18, 1974 Mandate recalled May 30, 1974 Modified July 29, 1974 Petition for review denied September 4, 1974 See original opinion Vol. 16 Or. App. 647 Appeal from Circuit Court, Union […]

126 P.3d 1261 STATE v. TRACY JEROME WOODS. No. A124513.Oregon Court of Appeals. November 30, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Case affirmed without opinion.

153 P.3d 712 In the Matter of the Marriage of McCourt, nka Reed, and McCourt. No. A129358.Oregon Court of Appeals. February 14, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Cases Affirmed Without Opinion.

79 P.3d 315 STATE OF OREGON, Respondent, v. STEVEN PETERSON, Appellant. 0003-43639; A111107.Oregon Court of Appeals.Argued and submitted February 27, 2002. Filed: October 22, 2003. Appeal from Circuit Court, Multnomah County. Ronald E. Cinniger, Judge. Laura Frikert, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public […]

179 P.3d 752 State v. Cate, Kent Wendell. No. (A129719).Oregon Court of Appeals. February 20, 2008. Cases Affirmed Without Opinion.

213 P.3d 590 Carey et ux v. Lincoln Loan Co. No. A138200.Oregon Court of Appeals. July 1, 2009. Cases Affirmed Without Opinion.

836 P.2d 183 STATE OF OREGON, Respondent, v. MICHAEL J. CLARK, Appellant. 91-117; CA A69511Oregon Court of Appeals.Argued and submitted June 29, 1992 Convictions affirmed; remanded for resentencing August 12, 1992 Appeal from Circuit Court, Clackamas County. Raymond Bagley, Judge. Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant. […]

183 P.3d 246 Rowe, Donny Joe v. Hill. No. (A131767).Oregon Court of Appeals. April 23, 2008. Cases affirmed without opinion.

193 P.3d 84 State v. Krupicka, Jerry Allen. Nos. A135687, A135691.Oregon Court of Appeals. August 20, 2008. Cases affirmed without opinion.

662 P.2d 19 CHAPMAN, Petitioner, v. EMPLOYMENT DIVISION et al, Respondents. 82-AB-914; CA A25040Oregon Court of Appeals.Argued and submitted January 21, 1983 Reversed and remanded April 27, 1983 Respondent Employment Division’s reconsideration denied July 22, petitioner Chapman’s petition (on attorney fees) denied September 1, Employment Division’s petition for review denied September 27 (295 Or. 730), […]

736 P.2d 575 FRIENDS OF THE COLUMBIA GORGE, INC. et al, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, PORT OF HOOD RIVER, Intervenor — Respondent. 86-ACK-014; CA A39560Oregon Court of Appeals.Argued and submitted March 13, 1987. Reversed and remanded for reconsideration May 6, 1987. Judicial Review from Land Conservation and Development Commission. Richard P. […]

794 P.2d 451 In the Matter of the Compensation of James G. Adams, Claimant. GIUSTI WINE CO. and EBI Companies, Petitioners, v. James G. ADAMS, United Pacific Insurance, Western Employers Insurance and Royal Insurance, Respondents. 86-08747, 85-15626, 86-01876, 86-08746; CA A61582Oregon Court of Appeals.Argued and submitted January 12, 1990 Affirmed June 27, 1990 Judicial Review […]

888 P.2d 35 In the Matter of the Compensation of Janet K. Jackson, Claimant. Janet K. JACKSON, Petitioner, v. TUALITY COMMUNITY HOSPITAL and SAIF Corporation, Respondents. 88-13477; CA A80451Oregon Court of Appeals. Argued and submitted April 11; resubmitted In Banc October 12, affirmed December 28, 1994, petition for review denied May 30, 1995 (321 Or. […]

166 P.3d 607 State v. Donna Marie Nutall. No. (A133706).Oregon Court of Appeals. August 22, 2007. Cases Affirmed Without Opinion.

226 P.3d 718 State v. Barger, Barry Lowell. Nos. (A138678/79).Oregon Court of Appeals. February 17, 2010. Cases Affirmed Without Opinion.

515 P.2d 1336 STATE OF OREGON, Respondent, v. TIMOTHY DEAN CHASE, Appellant. No. 72-4694Oregon Court of Appeals.Argued November 27, 1973 Affirmed December 3, 1973 Appeal from Circuit Court, Lane County. EDWIN E. ALLEN, Judge. J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, […]

129 P.3d 803 IN THE MATTER OF PEDRO JIMENEZ, A YOUTH STATE EX REL JUVENILE DEPARTMENT OF JEFFERSON COUNTY v. JIMENEZ. No. A124753.Oregon Court of Appeals. January 25, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Case affirmed without opinion.

249 P.3d 166 State v. Gray, Crystal Amanda, aka Gray, Crystal Amanda Lea. No. (A143427/28).Oregon Court of Appeals. February 2, 2011. Cases Affirmed Without Opinion.

730 P.2d 37 In the Matter of the Marriage of RENNINGER, Respondent, and RENNINGER, Appellant. STATE ex rel RENNINGER, Respondent, v. RENNINGER, Appellant. CC 84-463; CA A35891Oregon Court of Appeals.Argued and submitted June 18, 1986. Order of modification modified and affirmed as modified; order of contempt affirmed December 4, 1986. Page 707 Appeal from the […]

830 P.2d 611 Charlene BLUE HORSE, Personal Representative of the Estate of Marnie D. Lowry, Deceased, Appellant, v. SISTERS OF PROVIDENCE IN OREGON, dba St. Vincent Hospital and Medical Center; C. Stephen White, M.D.; Michael G. Hauty, M.D.; R. Mark Vetto, M.D.; and Donald T. Smith, M.D., Respondents. C89-0931CV; CA A65318Oregon Court of Appeals.Argued and […]

27 P.3d 1046 STATE OF OREGON, Respondent, v. MARK EUGENE MAKINSON, Appellant. 98CF2148FE; A104864Oregon Court of Appeals.Argued and submitted September 29, 2000. Filed: June 6, 2001 Appeal from Circuit Court, Douglas County, Joan G. Seitz, Judge. David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. […]

579 P.2d 871 STATE OF OREGON, Respondent, v. THEODORE C. O’QUIST, Appellant. DA 127729, CA 10139Oregon Court of Appeals. Argued May 17, affirmed May 30, reconsideration denied June 28, petition for review denied July 25, 1978 Appeal from District Court, Multnomah County. Thomas L. Moultrie, Judge. Phillip M. Margolin, Portland, argued the cause and filed […]

217 P.3d 703 State v. Stone, Richard Allen. No. (A137628).Oregon Court of Appeals. September 16, 2009. Cases Affirmed Without Opinion.

222 P.3d 53 State v. Langstaff, Terry R. No. A139318.Oregon Court of Appeals. November 18, 2009. Cases Affirmed Without Opinion.

525 P.2d 181 STATE OF OREGON, Respondent, v. EDWARD CLARENCE FLYGARE, Appellant. No. 73 0714Oregon Court of Appeals.Argued May 23, 1974 Affirmed August 12, 1974 Reconsideration denied September 18, 1974 Petition for review denied October 15, 1974 Page 293 Appeal from Circuit Court, Lane County. F. GORDON COTTRELL, Judge. Robert C. Cannon, Deputy Public Defender, […]

236 P.3d 153 In the Matter of J. G. D., a Youth. State ex rel Juvenile Department of Umatilla County v. J. G. D. No. (A139259).Oregon Court of Appeals. July 7, 2010. Page 239 CASES AFFIRMED WITHOUT OPINION.

746 P.2d 233 FRAKES, Petitioner, v. ADULT AND FAMILY SERVICES DIVISION et al, Respondents. R2-2501-AN3532-7; CA A38678Oregon Court of Appeals.Argued and submitted April 6, 1987 Affirmed December 9, 1987, Reconsideration denied January 29, 1987 Petition for review denied February 17, 1988 Judicial Review from Adult and Family Services Division. Marcia Ohlemiller, Legal Aid Service, Portland, […]

525 P.2d 213 STATE OF OREGON, Respondent, v. EMMA MAE SMITH, Appellant. No. C 73-10-3319Oregon Court of Appeals.Argued July 15, 1974 Affirmed August 26, 1974 Reconsideration denied October 2, 1974 Petition for review allowed November 13, 1974 See later issue Oregon Reports Appeal from Circuit Court, Multnomah County. JOHN C. BEATTY, Judge. J. Marvin Kuhn, […]