Oregon Supreme Court September 20, 2012

by: Stephanie Clark • September 20, 2012 • no comments

Defendant in Stalking Case Entitled to Jury Trial on Compensatory Damages

A defendant in a case for compensatory damages under the civil stalking statute, ORS 30.866, is entitled to a jury trial. Article I, section 17, and Article VII (Amended), section 3 of the Oregon Constitution preserve the right to a jury trial in all claims "at law" (as opposed to claims in equity). The Court rejects the plaintiff's contention that the right cannot attach to a newly created statutory claim that is not "of like nature" to a claim triable by jury at common law. Instead, looking to the "nature of the relief sought," a claim for compensatory money damages under ORS 30.866 is legal (rather than equitable), and therefore, entitles the defendant to a trial by jury. M.K.F. v. Miramontes, __ OR __ (2012).

Alternative Writ of Mandamus > Discretionary Dismissal

Defendant filed a petition for an alternative writ of mandamus, seeking to compel the trial court to modify the conditions set forth in a pretrial release agreement that barred contact with his father, a potential state witness. Defendant argued in his petition that the trial court had no statutory authority to impose the no-contact condition. The court dismisses the writ under its discretionary power because defendant conceded at oral argument that the trial court had the statutory authority to bar contact but contended that the facts did not support the condition, changing the legal question presented. State v. Blok, __ Or __ (2012).