On Thursday, Jan. 16, the Oregon Court of Appeals visited the University of Oregon School of Law. A three-judge panel heard three cases. Lisa Chernaik v. John Kitzhaber, State v. Tyler Mathew Tripp and Casey J. Deckard v. Diana L. Bunch. Students had the chance to ask the judges and attorneys questions.
In Chernaik v. Kitzhaber, Kelsey Juliana, aged 17, Olivia Cherniak, 13, and their mothers charged Governor Kitzhaber with failure to protect Oregon’s environment against climate change. The attorney for the Department of Justice claimed that action on Kitzhaber’s part would violate the separation of power, and that Legislature, rather than the governor, should make the decision and decide what to do. Defendants filed a motion to dismiss, citing truth in the allegations but that the claim was not viable.
In State v. Tripp, Tripp was charged with shooting or hunting on private property and cited as a felon in possession of a firearm. Before the trial, the defendant moved to suppress statements he made to the officer, claiming the stop made by the officer was unlawful because, according to Tripp, he was not performing anything indicative of a criminal act. The State argues that the officer had reasonable suspicion.
In Deckard v. Bunch, Deckard charged Bunch of negligence. Bunch got into a car accident with Deckard while under the influence of alcohol. Deckard is also charging King, the host who provided Bunch with alcohol at a party, of “statutory liability.” Deckard had to prove negligence and injury.