Legal Opinion

State v. Gerhardt

Oregon Supreme Court

Decided November 25, 2016No. CC 12P3329; CA A152760; SC S063612PublishedCited by 14 opinions

1Opinion of the CourtLandau, J.

The decision of the Court of Appeals is reversed. The restitution order of the trial court is affirmed.

LANDAU, J.

Defendant was convicted of strangling his wife. At sentencing, the trial court awarded the victim restitution for attorney fees that she incurred to enforce a no-contact order that the court had previously entered while defendant was in jail as well as to obtain a permanent protective order. The issue in this case is whether those attorney fees may be awarded as restitution under ORS 137.106(l)(a), which authorizes restitution when a person is convicted of a crime “that has…

2Cases cited6 opinions

  1. State v. WyattOregon Supreme Court · 2000
  2. Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
  3. State v. RamosOregon Supreme Court · 2016
  4. Piazza v. KellimOregon Supreme Court · 2016
  5. Lasley v. Combined Transport, Inc.Oregon Supreme Court · 2011

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

3Cited by14 opinions

  1. State v. SkotlandOregon Supreme Court · 2024
  2. Haas v. Estate of Mark Steven CarterOregon Supreme Court · 2023
  3. State v. AlonsoCourt of Appeals of Oregon · 2017
  4. State v. FoxCourt of Appeals of Oregon · 2021
  5. State v. HowardCourt of Appeals of Oregon · 2018

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

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