Oregon Case Commentaries

Direct Appeal Remains Available for Article I, Section 16 Challenges to Sentencing-Guidelines Crime-Seriousness Rankings

Date: May 2, 2026

Direct Appeal Remains Available for Article I, Section 16 Challenges to Sentencing-Guidelines Crime-Seriousness Rankings Introduction In State v. Fernandez, 375 Or 205 (2026), the Oregon Supreme...

Unauthorized Use of a Vehicle (ORS 164.135): “Vehicle” Includes Trailers, and Criminal Code Commentary Can Be Decisive Legislative History

Date: Apr 24, 2026

Unauthorized Use of a Vehicle (ORS 164.135): “Vehicle” Includes Trailers, and Criminal Code Commentary Can Be Decisive Legislative History Case: State v. McCarthy, 375 Or 157 (Or Apr 23, 2026) Court:...

State v. Miller (2026): Hospital ER Questioning Is Not Per Se “Compelling”; Voluntariness and Blood-Draw Consent Turn on Totality

Date: Apr 24, 2026

State v. Miller (375 Or 173 (2026)): Hospital ER Questioning Is Not Per Se “Compelling”; Voluntariness and Blood-Draw Consent Turn on Totality Introduction State v. Miller arose from a DUII...

State v. Hutchings (2026): Strategic Non-Objection to Vouching Does Not Defeat “Plain Error,” but Bears on Discretionary Reversal

Date: Apr 16, 2026

State v. Hutchings (2026): Strategic Non-Objection to Vouching Does Not Defeat “Plain Error,” but Bears on Discretionary Reversal Court: Supreme Court of Oregon (En Banc) | Citation: 375 Or 132...

State v. Shine (375 Or 112 (2026)) — ORCP 59 B Requires a Complete Final Oral Jury Charge

Date: Apr 16, 2026

ORCP 59 B Requires a Complete Final Oral Jury Charge: Preliminary Instructions and Written Packets Are Not Substitutes Case: State v. Shine, 375 Or 112 (Or Apr 9, 2026) (Garrett, J.) Posture: State...

State v. De Witt Simons (375 Or 70 (2026)) — Article I, section 9 Privacy Right in Internet Browsing on Public Wi‑Fi; Terms-of-Service Do Not Waive; Coordinated ISP/Hotspot Monitoring Is State Action and a Warranted Search

Date: Mar 28, 2026

Oregon Recognizes Article I, Section 9 Privacy in Internet Browsing Even on Public Wi‑Fi—Terms-of-Service Warnings Do Not Waive; Police-Directed Hotspot Monitoring Is a Warranted “Search” Case: State...

In re Ersoff (2026): Contested Wills, “Intestate” Probate Petitions, and the Knowledge Threshold for Candor Violations

Date: Mar 14, 2026

In re Ersoff (2026): Contested Wills, “Intestate” Probate Petitions, and the Knowledge Threshold for Candor Violations 1. Introduction In re Ersoff, 375 Or 43 (2026), is an Oregon lawyer discipline...

State v. Monaco: Felony-Murder Mens Rea “Established as a Matter of Law” Does Not Create a Sandstrom Presumption; Confession Voluntariness Remains a Totality-of-the-Circumstances Inquiry

Date: Mar 14, 2026

State v. Monaco: Felony-Murder Mens Rea “Established as a Matter of Law” Does Not Create a Sandstrom Presumption; Confession Voluntariness Remains a Totality-of-the-Circumstances Inquiry 1....

Robinson v. Hendricks (374 Or 866 (2026)) Commentary

Date: Feb 15, 2026

Oregon Habeas Rule: DOC Lacks Authority Under ORS 144.350 to Re-Arrest and Re-Imprison After Credit Recalculation Absent a Valid Judgment Change Introduction Robinson v. Hendricks, 374 Or 866 (2026),...

State v. Roberts (374 Or 821 (2026)) — Bright-Line Dismissal Remedy for Post‑Arraignment Denial of Appointed Counsel

Date: Feb 7, 2026

Bright-Line Dismissal Remedy for Post‑Arraignment Denial of Appointed Counsel (60 Days Misdemeanor / 90 Days Felony) 1. Introduction State v. Roberts, 374 Or 821 (2026), arises from Oregon’s ongoing...

State v. Ribas: Prosecutorial Theory Binding on Review; “10 Days” Is Material, Exact Offense Date Is Not, for Change-of-Residence Reporting

Date: Jan 31, 2026

State v. Ribas: Prosecutorial Theory Binding on Review; “10 Days” Is Material, Exact Offense Date Is Not, for Change-of-Residence Reporting 1. Introduction State v. Ribas, 374 Or 750 (2026), required...

State v. Strain: Prosecutors May Not Argue that Defendants Had a Burden to Elicit Evidence Through Cross-Examination

Date: Jan 31, 2026

State v. Strain: Prosecutors May Not Argue that Defendants Had a Burden to Elicit Evidence Through Cross-Examination 1. Introduction In State v. Strain, 374 Or 783 (2026), the Oregon Supreme Court...

McEwen v. Thrasher: ORS 144.350 Does Not Authorize DOC Reincarceration After Release Absent a Valid Judicial Sentence Basis

Date: Jan 29, 2026

McEwen v. Thrasher: ORS 144.350 Does Not Authorize DOC Reincarceration After Release Absent a Valid Judicial Sentence Basis 1. Introduction McEwen v. Thrasher (374 Or 744 (2026)) is an original...

Article I, Section 10 Bars OTCA Workers’ Compensation Immunity from Eliminating Third‑Party Negligence Claims Against State Employees (Private Workers)

Date: Jan 23, 2026

Article I, Section 10 Bars OTCA Workers’ Compensation Immunity from Eliminating Third‑Party Negligence Claims Against State Employees (Private Workers) Case: Crandall v. State of Oregon, 374 Or 699...

State v. Williams (374 Or 648) — “Physical Force” in ORS 164.395 Requires Harm-Causing or Fear-Inducing Contact, Not Mere Snatching

Date: Jan 2, 2026

“Physical Force” in Oregon Third-Degree Robbery Requires Harm-Causing or Fear-Inducing Contact—A Fast, Nonthreatening Snatch Is Not Robbery Case: State v. Williams, 374 Or 648 (Or 2025) (DeHoog, J.)...