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Oregon Supreme Court Updates
State v. Eumana-Moranchel
Evidence: When there is a delay between a DUII arrest and a breath or blood test, the State may offer expert testimony explaining retrograde extrapolation to establish a defendant's blood alcohol content (BAC) was over the limit at the time defendant was driving.
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Eads v. Borman
Tort Law: An entity may be held vicariously liable for a physician’s negligence on the theory of apparent agency when: (1) the entity holds out the physician as an agent delivering medical services on behalf of the entity subject to oversight and control of the entity; and (2) the injured plaintiff reasonably relied on these representations, which led him to believe the entity was the provider of care.
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State v. Jarnagin
Criminal Procedure: Statements from an interrogation administered without a Miranda warning that provide the basis for a voluntary reenactment sufficiently taint the reenactment such that it is unconstitutional. Additionally, notifying the defendant of his Miranda rights after initial interrogations will not be held as an invalid reading of rights if there was a substantial break in time and change of circumstances from previous interrogations.
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State v. Miskell/Sinibaldi
Criminal Procedure: Under ORS 133.726(7)(b), an exigency exception to the ex parte order requirement for surveillance must be demonstrated by evidence that swift action is necessary to prevent harm to persons or property, the escape of a suspect, destruction of evidence or the like.
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State v. Langley
Criminal Procedure: The Court cannot infer an intentional and knowing waiver of the right to counsel and compel a defendant to proceed pro se when the defendant never expressly waived the right, but rather remained silent when given the choice of affirmatively accepting his current counsel or proceeding pro se.
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Green v. Kroger
Ballot Titles: Under ORS 250.085, the Supreme Court may review arguments concerning language that was removed from the title after the comment period had ended. Further, the language "corporate income" is misleading when it is meant to refer solely to taxable income.
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State v. Cabanilla
Criminal Law: Under ORS 813.100, the statute is satisfied if the officer informs the driver of the rights and consequences of refusing a breath or blood test in English, even if he is primarily a Spanish speaker.
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Paul v. Providence Health System-OR
Tort Law: Plaintiffs cannot recover for speculative, future financial harm or emotional distress related to a risk of loss when a current injury has not been claimed.
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Greenwood Products v. Greenwood Forest Products
Appellate Procedure: The Court held the Court of Appeals’ reversal incorrectly relied on the “no obligation” provision of the asset purchase agreement in question. That particular issue was not raised in the trial court and therefore was not preserved for appeal.
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Dept. of Human Services v. J.R.F.
Family Law: The Supreme Court has an obligation to consider relevant context when interpreting a statute, regardless of whether it was cited by any party. The relevant context includes ORS 419B.090(4) which provides that the due process rights of parents are always implicated in the construction and application of the provisions of ORS chapter 419.
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