Defendant appeals a judgment of conviction for various crimes, contending that the trial court erred by denying his motion to dismiss the indictment. Defendant requested a trial within 90 days under ORS 135.760.1 That statute allows a demand for a prompt trial by an inmate who is charged with new crimes. On receipt of such a demand, ORS 135.763 obligates the state to bring the inmate to trial within 90 days.2 When defendant was not brought to trial within that time, he moved to dismiss the...  

The state appeals an order dismissing charges of theft in the second degree and criminal mischief in the second degree against defendant for lack of a speedy trial under ORS 135.747. That statute allows dismissal of criminal proceedings when a defendant is "not brought to trial within a reasonable period of time." The trial court concluded that, of the 21-month period of total delay from the initial indictment to the scheduled trial date, seven of those months were requested by...  

Defendant appeals a judgment of conviction for possession of methamphetamine, a Schedule II controlled substance. Former ORS 475.992 (2005), renumbered as 475.840 (2007). He assigns error to the trial court's denial of his motion to suppress evidence obtained during a consensual search by sheriff's deputies.1 We review for errors of law, State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993), and reverse and remand... We state the facts consistently with the trial court's factual findings and its...  

Following a denial of their motion to suppress evidence, defendants Hitchcock and Winters pleaded guilty to charges of possession of a controlled substance and frequenting a place where controlled substances are used, kept, or sold. Former ORS 475.992(4)(b) (2003), renumbered as ORS 475.840(3)(2005); ORS 167.222. Defendants assign error to the denial of their motion to suppress evidence of drugs and drug paraphernalia seized during a search of their bedroom. Defendants argue that Winters was...  

Defendant pleaded guilty to delivery of a controlled substance to a minor, and the trial court ordered defendant to pay $1,157.73 in restitution for a sexual abuse examination of the victim. The sole issue on appeal is whether the trial court erred by imposing restitution for the examination. Defendant argues that the sexual abuse examination did not arise from criminal activity that he admitted committing or for which he was convicted, and the state concedes that the trial court erred in that...  

Plaintiffs are former sales representatives for defendant.1 After resigning from their employment in November 2002, plaintiffs asserted breach of contract and wage claims against defendant. Plaintiffs' claims allege that they were owed vacation and holiday pay, and that defendant failed to pay in a timely manner the amount of wages that defendant conceded were due, as required by ORS 652.160. Plaintiffs and defendant both moved for summary judgment under ORCP 47. The trial court ruled in...  

Defendant appeals a judgment of conviction for manslaughter in the first degree, ORS 163.118(1)(a),1 and assigns as error the trial court's award of restitution to the victim's parents and to the Criminal Injuries Compensation Account (Account). We affirm... The following facts appear to be undisputed by the parties. Defendant was convicted for fatally stabbing the victim, who was approximately 17 years old at the time of his death. At the sentencing hearing, the state sought restitution in the...  

Defendant appeals a general judgment granting plaintiff declaratory and injunctive relief and dismissing defendant's counterclaims. The judgment was entered following the trial court's granting of plaintiff's motion for summary judgment and denial of defendant's cross-motion for summary judgment. The judgment declared, among other things, that documents recorded by plaintiff—and not those recorded by defendant—are the governing documents for the lots in the planned community...  

Plaintiff Rafferty & Towner, an Oregon corporation, brought this claim against defendant Bengio Corporation, a Florida corporation, under the Uniform Fraudulent Transfer Act, ORS 95.200 to 95.310, asserting that plaintiff's judgment debtor, Wallbangers Oregon, Inc., fraudulently transferred real property to defendant. Plaintiff appeals from a limited judgment dismissing the claim, assigning error to the trial court's granting of defendant's motion for summary judgment and to the denial of...  

Plaintiff appeals a judgment dismissing her amended complaint for failure to commence her action against defendant within the statute of limitations. ORCP 21 A(9). Our review of an order granting an ORCP 21 A(9) motion to dismiss is limited to the face of the pleadings. In conducting that review, we assume the truth of all allegations in the complaint and give the plaintiff, as the nonmoving party, the benefit of all favorable inferences that could be drawn from those allegations. Dauven v. St....  

In Interstate Roofing, Inc. v. Springville Corp., 220 Or App 671, 188 P3d 359 (2008), we modified on reconsideration, but adhered to, our earlier opinion in Interstate Roofing, Inc. v. Springville Corp., 217 Or App 412, 177 P3d 1 (2008). Springville Corporation now petitions for reconsideration of the modified opinion, noting that a parenthetical statement in the opening paragraph could be seen as inconsistent with the actual outcome of the case as reflected in the last sentence of the opinion:...  

Appellant seeks reversal of a judgment committing him as a mentally ill person for a period not to exceed 180 days. ORS 426.130. Appellant argues that the record does not establish by clear and convincing evidence that he is unable to provide for his basic needs because of a mental disorder. See ORS 426.005(1)(d). The state concedes that the evidence is insufficient for involuntary commitment and that the judgment should be reversed. On de novo review of the record, we accept the state's...  

Petitioner seeks review of a Land Use Board of Appeals (LUBA) decision remanding to the Crook County Court its decision approving a conditional use permit application for a nonfarm dwelling on a 25-acre tract of land that is zoned for exclusive farm use. Petitioner does not challenge the merits of LUBA's decision; instead, he asserts that LUBA erred in rejecting his argument that the county violated ORS 215.422(1)(c) and section 18.172.050 of the Crook County Code (CCC) by charging an excessive...  

Defendant was convicted of multiple counts of aggravated murder, attempted aggravated murder, rape, sodomy, burglary, and other offenses. On appeal, he advances 20 assignments of error. In brief, he contends that the trial court erred in denying his motions to controvert the affidavits supporting two search warrants, in denying his motions to suppress various items of evidence, and in admitting certain written evidence. He also contends that the trial court committed plain error in imposing the...  

Defendant, high on methamphetamine, stole a pickup truck from a gas station and then intentionally drove it into an unsuspecting stranger who was taking his morning walk. While the victim was still pinned beneath the truck, defendant continued to drive it into nearby bushes before stopping. Defendant then got out and beat the victim with his fists, kicked him, and threw a tool at him. He was arrested at the scene and incarcerated. While in jail, he defecated and urinated into a cup and threw...  

The Board of Parole and Post-Prison Supervision (board) issued an order postponing petitioner's parole release date after it found that he had a present severe emotional disturbance that constituted a threat to the health or safety of the community. Petitioner seeks judicial review, contending that the order is not supported by substantial evidence in the record, ORS 183.482(8), and does not clearly state the reasons for the board's decision. Because we conclude that the board's order is...  

Defendant appeals judgments of conviction for delivery and possession of a controlled substance, former ORS 475.992 (2003), possession of iodine matrix, ORS 475.967, and possession of a forged instrument, ORS 165.017. She argues that the trial court erred in denying her motion to suppress evidence that the police obtained while she was detained illegally. The state concedes that the trial court so erred. As explained below, we conclude that the concession is well taken, and, consequently, we...  

In this criminal case, defendant was convicted of aiding and abetting her husband in the commission of 17 sex offenses against defendant's teenaged daughter between 1995 and 1999. On appeal, she contends that nine of those convictions were barred by the six-year statute of limitations. She argues that the state received notice of her role in the abuse of her daughter as early as 1997 and that, as a result, the state's 2005 prosecution is time barred as to any acts that occurred more than six...  

In March 2003, plaintiff was assaulted and seriously injured by a man named Homer Woods in a convenience store located adjacent to the apartment complex where plaintiff and Woods both lived. Plaintiff1 subsequently brought this action against the owners of the apartment complex and their property managers, Tabor West Investment Co., LLC and E. C. Owen Property Management, Inc., respectively,2 alleging claims for negligence and for damages under ORS 124.100. The trial court granted defendants'...  

Defendant appeals a judgment of conviction and sentence for two counts of aggravated murder, ORS 163.095; two counts of murder, ORS 163.115; and one count of first-degree burglary, ORS 164.225. He contends that his convictions for murder merge into his convictions for aggravated murder and that his conviction for burglary merges into his convictions for murder. We reverse and remand... All of defendant's convictions arise from a single episode. Defendant admitted that he and Perez, intending to...