Petitions for Review

11 Citing cases

  1. State v. Lowry

    295 Or. 337 (Or. 1983)   Cited 77 times
    Recognizing failure to raise a state constitutional claim and relying solely on parallel provisions under the Federal Constitution should constitute ineffective assistance of counsel

    A demand to see the driver's license and the vehicle registration, also authorized by law, ORS 482.040 (2)(b), prolongs the stop and may lead to further investigation. So may objects observed in plain view in the vehicle, as happened, for instance, in State v. Quinn, 290 Or. 383, 623 P.2d 630 (1981); State v. Downes, 285 Or. 369, 591 P.2d 1352 (1979); State v. Jackson, 62 Or. App. 7, 660 P.2d 183, rev allowed 295 Or. 31 (1983); State v. Tremaine, 56 Or. App. 271, 641 P.2d 637 (1982); and State v. Alpert, 52 Or. App. 815, 629 P.2d 878 (1981). See also Texas v. Brown, 460 U.S. 730, 103 S Ct 1535, 75 L Ed 2d 502 (1983).

  2. Gier's Liquor v. Assn. of Unit Owners

    862 P.2d 560 (Or. Ct. App. 1993)   Cited 3 times
    Serving attorney fee statement before, rather than after, entry of judgment does not affect substantial right of adverse party

    A finding of the trial court on the amount of reasonable attorney fees to be awarded will not be overturned if supported by substantial competent evidence. State High. Com. et al. v. Kendrick et al., 227 Or. 608, 363 P.2d 1078 (1961); Mt. Shadow Homes v. Gray, 61 Or. App. 230, 233, 656 P.2d 383, rev den 295 Or. 31 (1983). There is evidence here that the award was reasonable.

  3. Jimenez, v. Ovchinikov

    779 P.2d 189 (Or. Ct. App. 1989)

    Finally, plaintiff argues that there is no substantial evidence to support the trial court's reduction of plaintiff's fees. See Mt. Shadow Homes v. Gray, 61 Or. App. 230, 656 P.2d 383, rev den 295 Or. 31 (1983). There is evidence in the record from which the trial court could have found a duplication of services and excessive time expended by the two attorneys representing plaintiff and another party. Under the analysis in Newbern v. Gas-Ice Corporation, 263 Or. 250, 257-58, 501 P.2d 1294 (1972), there is substantial evidence to support the trial court's award.

  4. State v. George

    694 P.2d 1011 (Or. Ct. App. 1985)   Cited 3 times
    In State v. George, 72 Or.App. 135, 137–38, 694 P.2d 1011 (1985), we held that, despite that explicit reference to self-defense, the state was not required to allege in the charging instrument that the defendant's conduct of pointing a firearm at another was unjustified.

    The recent trend in Oregon case law clearly establishes that such a distinction is no longer viable. See State v. Mitchell, 61 Or. App. 127, 655 P.2d 632 (1982), rev den 295 Or. 31 (1983) (unnecessary to allege that criminal nonsupport was "without lawful excuse"); State v. Keys, 25 Or. App. 15, 22, 548 P.2d 205, rev den (1976) (unnecessary to negate extreme emotional disturbance in murder indictment); see also ORS 161.055; State v. Elliott, 234 Or. 522, 383 P.2d 382 (1963); State v. McIntire, 22 Or. App. 161, 537 P.2d 1151, former opinion adhered to, 22 Or. App. 611, 540 P.2d 399, rev den (1975); State v. Taylor, 13 Or. App. 192, 509 P.2d 50 (1973). The use of such labels as "except" in the charging statute, standing alone, does not require the state to plead a negation of the exception.

  5. State v. Jackson

    62 Or. App. 7 (Or. Ct. App. 1983)   Cited 3 times

    Argued and submitted January 12, 1983 Reversed and remanded for trial March 2, 1983 Reconsideration denied April 14, petition for review allowed May 17, 1983 ( 295 Or. 31) See 296 Or. 430, 677 P.2d 21 (1984) Appeal from Circuit Court, Lane County, F. Gordon Cottrell, Judge.

  6. McNamara v. the Night Deposit, Inc.

    659 P.2d 440 (Or. Ct. App. 1983)

    Argued and submitted January 14, 1983Affirmed March 2, 1983 Reconsideration denied April 14, petition for review denied May 17, 1983 ( 295 Or. 31) Appeal from Circuit Court, Benton County, Frank D. Knight, Judge.

  7. State v. Way

    62 Or. App. 459 (Or. Ct. App. 1983)   Cited 1 times

    Argued and submitted September 17, 1982 Affirmed March 30, 1983 Reconsideration denied April 14, petition for review denied May 17, 1983 ( 295 Or. 31) Appeal from Circuit Court, Jackson County, L. A. Merryman, Judge.

  8. Davis v. Simpson Empl. Retirement Trust

    659 P.2d 990 (Or. Ct. App. 1983)   Cited 1 times

    Argued and submitted April 19, 1982Reversed March 2, 1983 Reconsideration denied April 14, petition for review denied May 17, 1983 ( 295 Or. 31) Appeal from Circuit Court, Linn County, Wendell H. Tompkins, Judge.

  9. State v. Mitchell

    61 Or. App. 127 (Or. Ct. App. 1983)   Cited 1 times

    Argued and submitted August 30, 1982Affirmed December 22, 1982 Reconsideration denied April 1, 1983 Petition for review denied May 10, 1983 ( 295 Or. 31) Appeal from Circuit Court, Coos County, Richard L. Barron, Judge.

  10. State v. Waterhouse

    659 P.2d 1013 (Or. Ct. App. 1983)   Cited 1 times
    Holding that prosecution after discharge from parole was not prejudicial

    Argued and submitted January 12, 1983Affirmed March 2, 1983 Reconsideration denied April 14, petition for review denied May 10, 1983 ( 295 Or. 31) Appeal from Circuit Court, Multnomah County, John C. Beatty, Jr., Judge.