SUPREME COURT Media Release COPIES: Copies of the slip opinions may be obtained from the Appellate Records Section, (503) 986-5555 The full text of these opinions can be found at http://www.publications.ojd.state.or.us/ Contact: Stephen P. Armitage Staff Attorney (503) 986-7023 On June 12, 2014, the Supreme Court: 1. Allowed petitions for review in1: State of Oregon v. William Rick Delong, 260 Or App 718, 320 P3d 653 (2014) (A146907) (S062176) (on review from the Douglas County Circuit Court) (order issued June 4, 2014). The State of Oregon has been granted review of a Court of Appeals decision that reversed and remanded the trial court's denial of a motion that had been filed by defendant William Rick Delong. The motion sought to suppress testimonial and physical evidence based upon the violation of defendant's rights under Article I, section 12, of the Oregon Constitution. On review, the issues are: (1) How should courts determine whether a violation of a defendant's rights under Article I, section 12, of the Oregon Constitution requires suppression of subsequently discovered physical evidence? (2) Does the violation of Article I, section 12, of the Oregon Constitution require suppression of drug-residue evidence discovered after defendant volunteered that "if [the officers] wanted to search the vehicle, [they] could"? 2. Allowed the petition for a writ of mandamus in: I. Terri Myzak v. Workers' Compensation Board, et al., S062240 (original mandamus proceeding involving order from Marion County Circuit Court) Relator I. Terri Myzak is the plaintiff in a civil retaliation action against defendants, 1 These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20. 1 the Workers' Compensation Board, et al., arising out of her employment with the Workers' Compensation Board. By petition for writ of mandamus, plaintiff challenges an order compelling the production of medical records. The Oregon Supreme Court allowed the petition and issued an alternative writ of mandamus. The issues in this mandamus proceeding are (1) whether defendants are entitled to unlimited access to plaintiff's medical records dating back to 2005, when the medical treatment allegedly is unrelated to any claim or defense at issue; and (2) whether the records are subject to the physician-patient privilege. 3. Dismissed as moot the Bar's request for review in: In Re: Peter M. Schannauer (Bar No. 96177) (S061343). 4. Denied petitions for review in: Jacob Henry Barrett v. Oregon Department of Corrections (S062037) (A150406) State of Oregon v. George Richard Galstaun (S062094) (A149390) Lucinda M. Watkins v. Michael David Watkins (S62101) (A156272) Terra Hydr, Inc. v. Metro (S062143) (A155612) Shane I. Sopher v. Rob Persson (S062164) (A153788) State of Oregon v. William Frederick Holdner (S062171) (A151760) David Avalos-Hernandez v. Jeff Premo (S062185) (A150729) Stanley Miller v. Steve Franke (S062187) (A150090) Wesley C. Soderback v. Clifford G. Soderback (S062211) (A150745) Department of Human Services v. D. L. O. (S062078) (A156228) Isaac C. Bynum v. Jeff Premo (S062192) (A150165) Department of Human Services v. D. L. O. (S062205) (A156232) Department of Human Services v. D. L. O. (S062206) (A156233) Glen Alan Langford, Jr. v. Rick Coursey (S062213) (A150302) Department of Human Services v. S. M. A. (S062216) (A154939) State of Oregon v. Anthony Michael Delarosa (S062219) (A150326) State of Oregon v. Shawn Cleveland Smith (S062220) (A150437) Devin Scott Lewis v. Driver and Motor Vehicle Services Division (DMV) (S062229) (A147780) Donavan Troy Fortin v. Mark Nooth (S062242) (A152019) Norman Earl Schlunt v. Mark Nooth (S062243) (A153193) State of Oregon v. Marvin James Daniels (S062245) (A149410) Leonel Sandoval v. State of Oregon (S062250) (A150846) Department of Human Services v. I. G. (S062253) (A155182) Charles P. Boone v. Jeff Premo (S062257) (A150167) State of Oregon v. Santiago Madrigal (S062261) (A151104) State of Oregon v. Michael Joseph-Gregory Seems (S062272) (A151501) 2 5. Denied the petitions for reconsideration in: Dan Alcutt v. Adams Family Food Services, Inc. (S061878) (A147515) Department of Human Services v. S. M. (S061386) (Control) (S061387) (A151376) (A151378) (A151379) (A151380) (A151381) (A151386) (A151388) 6. Referred the matter to the Disciplinary Board of the Oregon State Bar pursuant to BR3.5(e) for the purpose of taking testimony on the issue of what sanction, if any, the Court should impose for misconduct or, in the alternative, the parties my stipulate to two public reprimands in In Re: Matthew R. Aylworth (Bar No. 070930) (S062117). 7. Accepted the resignation of attorney Robert A. Browning (Bar No. 791733) during the pendency of disciplinary proceedings. 8. Certified ballot titles in: Knute Buehler v. Ellen Rosenblum (S062255) (Initiative Petition No. 59 (2014)). 3