Legal Opinion

State v. Nicholson

Court of Appeals of Oregon

Decided November 2, 2016No. 14CR1867CT; A158526PublishedCited by 20 opinions

1Opinion of the Court

HASELTON, S. J.

Defendant, who was adjudicated for contempt, ORS 33.015(2)(b), based on a violation of a restraining order issued pursuant to the Family Abuse Protection Act (FAPA), ORS 107.718, appeals. She contends that, in adjudicating her, the trial court rendered findings that not only contradicted, but precluded as a matter of law, a determination that the asserted violation was “done willfully.” ORS 33.015(2)(b).1 We agree. Specifically, as amplified below, the trial court’s findings were irreconcilable with the legislatively intended content of “willfully” in this context. Accordingly,…

2Cases cited18 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Felton v. United StatesSupreme Court of the United States · 1877
  3. State Ex Rel. Redden v. Discount Fabrics, Inc.Oregon Supreme Court · 1980
  4. Errand v. Cascade Steel Rolling Mills, Inc.Oregon Supreme Court · 1995
  5. Rust v. PrattOregon Supreme Court · 1937

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3Cited by20 opinions

  1. State v. Zamora-SkaarCourt of Appeals of Oregon · 2020
  2. State v. BelekeCourt of Appeals of Oregon · 2017
  3. Elizabeth Lofts Condos. Owners' Ass'n v. Victaulic Co.Court of Appeals of Oregon · 2018
  4. State v. Guzman-VeraCourt of Appeals of Oregon · 2020
  5. White v. ReyesCourt of Appeals of Oregon · 2024

15 more not listed; retrieve them via the Exa API.

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