Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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Oregon v. Guzman

Docket: S066328

Opinion Date: December 27, 2019

Judge: Nelson

Areas of Law: Constitutional Law, Criminal Law

Consolidated cases concerned two defendants who were convicted of driving under the influence of intoxicants (DUII), a crime ordinarily a misdemeanor but that, in each case, was elevated to a felony based on the defendant’s two prior convictions from other jurisdictions. The common question these cases presented for the Oregon Supreme Court’s review was whether the foreign laws under which defendants were convicted were “statutory counterparts” to ORS 813.010, the statute criminalizing DUII in Oregon. After analyzing the relevant statutes, the Supreme Court concluded the appropriate inquiry required “close element matching,” between ORS 813.010 and the foreign offense, an approach that the Court has previously employed in giving legal effect to convictions from other jurisdictions. Applying that standard to defendants’ foreign convictions, the Court concluded that none of the convictions at issue in this were under a statutory counterpart to ORS 813.010.

Oregon v. Henderson

Docket: S066367

Opinion Date: December 27, 2019

Judge: Thomas A. Balmer

Areas of Law: Constitutional Law, Criminal Law

Defendant and the victim had two children together. Defendant and the victim were formerly in a relationship, but they broke up before the victim moved into the house where the unlawful entry at the center of this case took place. Although the victim previously had allowed defendant to visit their children at her house, defendant had never lived there, and the victim had made it clear to defendant that he was no longer welcome. On the day in question, defendant came to the house and told the victim that he wanted to shower and talk. She refused to let him inside and made sure to lock all the doors and windows before she left for work, fearing that defendant would try to come in while she was away. After the victim left, defendant broke into the house and destroyed a number of the victim’s possessions, including a new television and several lamps. He intentionally cut his arm with a knife, bleeding on various pieces of her living room furniture. Defendant sent the victim text messages with pictures of his bleeding arm as well as messages blaming her for problems in his life. Based on those pictures, the victim realized defendant was in her house. The police were called and arrested defendant. Defendant was eventually charged with, among other things, first-degree burglary constituting domestic violence and second-degree criminal mischief. The question before the Oregon Supreme Court was whether a person commits the crime of first-degree burglary when the person enters a dwelling unlawfully without the intent to commit an additional crime and then develops that intent while unlawfully present in the dwelling. The Supreme Court held that forming the intent to commit an additional crime while unlawfully present after an initial unlawful entry constitutes first-degree burglary under ORS 164.225.

Staveland and Fisher

Docket: S066424

Opinion Date: December 27, 2019

Judge: Jack L. Landau

Areas of Law: Family Law

At issue in this case was the dissolution of a domestic partnership, specifically, how to distribute the appreciation in value of a home in which the parties lived during their time together. The trial court found the parties intended to live as a married couple and share in the appreciation of the home. The Court of Appeals concluded that the trial court did not abuse its discretion in coming to that conclusion. On review, the parties dispute whether the Court of Appeals applied the correct standard of review and whether that court correctly concluded that the parties should share in the appreciation in the home. The Oregon Supreme Court concluded the Court of Appeals applied an incorrect standard of review, but that it ultimately reached the correct decision.