In this lawyer disciplinary proceeding, the Oregon State Bar (Bar) charged the accused with violating three provisions of the Oregon Rules of Professional Conduct (RPC): RPC 1.15-1(a) (requiring lawyer to account for client funds and to deposit and maintain client funds in trust), RPC 1.15-1(c) (requiring lawyer to withdraw client money only as fees are earned or expenses incurred), and RPC 8.4(a)(3) (prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation). A trial panel...  

In this lawyer disciplinary proceeding, the Oregon State Bar charged the accused with four violations of the Oregon Rules of Professional Conduct (RPC). A trial panel of the Disciplinary Board found the accused guilty of three of the charged offenses and imposed a sanction of a 60-day suspension. The accused seeks review of that decision. ORS 9.536(1); Bar Rules of Procedure (BR) 10.1 and 10.3. The Bar, for its part, asks this court to find that the accused also committed the fourth alleged...  

Defendant was charged with 22 counts of identity theft. The evidence against her derived entirely from the warrantless search of two bags that defendant had denied owning and had left in a hotel room rented by another person. Defendant moved to suppress the evidence against her on the ground that it had been obtained through a search that violated Article I, section 9, of the Oregon Constitution and the Fourth Amendment to the United States Constitution. The trial court concluded that the...  

Defendant appeals a judgment of conviction for, among other crimes, unauthorized use of a vehicle, ORS 164.135. On appeal, he asserts three assignments of error, two of which we reject without discussion. We write to discuss only defendant's contention that the trial court erred by instructing the jury on elements of unauthorized use of a vehicle (UUV) that were not alleged in the indictment, in violation of Article VII (Amended), section 5, of the Oregon Constitution. For the reasons that...  

Plaintiffs petitioned the circuit court for an order requiring defendant, the Oregon Public Utility Commission (PUC), to enforce certain provisions of ORS 757.268. The court granted plaintiffs' motion for summary judgment and, over PUC's objection, awarded attorney fees to plaintiffs by way of a supplemental judgment. PUC appeals that supplemental judgment for attorney fees, raising similar objections to those raised in the circuit court. As explained below, we cannot determine the basis for...  

Defendant was convicted of first-degree robbery, ORS 164.415, two counts of second-degree robbery (Counts 2 and 3), ORS 164.405, and unlawful use of a weapon, ORS 166.220, all based on the same criminal episode. He contends that the trial court erred in failing to merge the two second-degree robbery convictions, which were based on violations of separate paragraphs of the second-degree robbery statute—ORS 164.405(1). That statute provides, in part:... "A person commits the crime of...  

Affirmed. Jones v. Board of Parole, 231 Or App 256, 218 P3d 904 (2009), rev den, 347 Or 718 (2010)...  

Petitioner pleaded no contest to and was convicted of multiple offenses, including two counts of first-degree kidnapping. A judgment of conviction was entered on those convictions, including two separate counts of kidnapping. Petitioner sought post-conviction relief, arguing that his court-appointed lawyer was constitutionally inadequate for a number of reasons, including that the lawyer failed to assert that the criminal trial court should have merged the two kidnapping convictions. The...  

The state appeals the trial court's dismissal of several charges against defendant on statutory speedy trial grounds. On review for errors of law, State v. Dixon, 224 Or App 66, 68, 97 P3d 1106 (2008), rev den, 346 Or 10 (2009), we agree with the state that the dismissal was erroneous and therefore reverse and remand... The relevant facts are undisputed. This case arose out of a traffic stop on July 8, 2005. A police officer arrested defendant for driving while under the influence of...  

The Driver and Motor Vehicle Services Division (DMV) ordered the suspension of petitioner's driver's license for driving under the influence of intoxicants (DUII), and, on judicial review, the circuit court affirmed the suspension. On appeal, petitioner contends that the suspension is invalid because the administrative law judge (ALJ) and circuit court erred in denying petitioner's motion to suppress evidence obtained after an officer detained defendant without reasonable suspicion of criminal...  

The decision of the Court of Appeals and the judgment of the circuit court are affirmed... ---------------... Notes:... ... * Appeal from Jackson County Circuit Court, William G. Purdy, Judge. 226 Or App 515, 203 P3d 927 (2009)... ... ---------------... GILLETTE, J... This is a criminal case in which defendant was convicted of unlawful possession of heroin, ORS 475.854,1 which a police officer discovered in defendant's purse. Defendant reached into the purse after the officer indicated that he...  

This appeal and resulting trial concerns the real market value (RMV) of certain residential property, identified as Account 1353074, for the 2007-08 and 2008-09 tax years. Plaintiff did not appeal those two tax years to the Clackamas County Board of Property Tax Appeals (BOPTA). The initial Complaint filed with this court also included tax years 2005-06, 2006-07, and 2009-10. Those years shall be dismissed for the reasons set forth in the court's Journal Entry filed November 6, 2009. The...  

During 2001 and 2002, the Variable Annuity Account (Variable Account) of the Public Employees Retirement Fund sustained losses, and the Public Employees Retirement Board charged a combined total of roughly $1,964,000 against the principal of the Variable Account for the Variable Account's pro rata share of the administrative expenses of the Public Employees Retirement System (PERS) for those years. Petitioner, a PERS member who had allocated 75 percent of his employee retirement contributions...  

Defendant appeals from a judgment of conviction after a jury found him guilty of one count of murder, ORS 163.115, and one count of manslaughter, ORS 163.118, for the death of his young daughter. The victim died of internal injuries to her brain and abdomen caused by physical abuse; the jury necessarily concluded that the physical abuse occurred in the hours immediately before the victim's death while she was in defendant's care. Defendant contends that the trial court erred in excluding three...  

Plaintiffs, John Brehm (Brehm) and his wife, Mishel Brehm, appeal a limited judgment dismissing with prejudice their negligence, Oregon Employer Liability Law, and loss of consortium claims against defendant Copeland Sand & Gravel, Inc.1 They assign error to the trial court's granting of defendant's motion for summary judgment on the ground that plaintiffs' claims were barred by the exclusive liability provision of the workers' compensation law. See ORS 656.018(1)(a). According to plaintiffs,...  

In the litigation that precipitated this case, plaintiff obtained a judgment against a company called Wallbangers Oregon, Inc., but could not collect on the judgment. According to plaintiff, Wallbangers evaded its obligation to pay the judgment by engaging in a fraudulent transfer of its major asset, an interest in a condominium. Plaintiff filed this action against defendant Bengio Corporation on the theory that Bengio was the recipient of the fraudulent transfer. Plaintiff initially brought a...  

In 1998, the State of Oregon, along with 46 other states, entered into the Master Settlement Agreement (MSA) with the leading tobacco product manufacturers in the United States. ORS 323.803(5). Pursuant to that agreement, the participating manufacturers were required, among other things, to pay substantial sums to the state annually. In return, the state released most "past, present, and * * * future claims against them[.]" Id. In order to neutralize the market advantage that...  

Youth appeals a judgment of the juvenile court finding him to be within the juvenile court's jurisdiction for committing acts that, if committed by an adult, would constitute third-degree assault pursuant to ORS 163.165(1)(e).1 We write only to address a portion of youth's first assignment of error: that the juvenile court erred in finding youth to be within its jurisdiction for third-degree assault, because the state failed to prove beyond a reasonable doubt that youth caused physical injury...  

Claimant petitions for review of an Employment Appeals Board (EAB) order denying his claim for unemployment benefits on the ground that he voluntarily left work without good cause.1 ORS 657.176(2)(c). He argues that the EAB erred because ORS 657.176(11) provides an exception to the general rule that an individual who voluntarily leaves work is disqualified from receiving unemployment benefits when, among other things, that individual volunteers to be laid off after the employer has decided to...  

Defendant appeals a judgment extending her probation from one year to five years, arguing, among other things, that the trial court abused its discretion by ordering the extension without a hearing and without determining that the purposes of her probation were not being served. The state asserts that the case must be remanded to the trial court because, in its view, the record does not demonstrate the basis for the court's order. We conclude that the record is sufficiently developed and that...