|CALENDAR STATUS: Active|
|State of Oregon v. Daniel Algeo|
|Supreme Court Case 2|
|Erick J. Haynie on behalf of J. W. P.|
Paula Johnson Lawrence on behalf of Daniel Algeo
Paul Smith on behalf of State of Oregon.
Statement of Issues:
|State of Oregon v. Daniel Algeo (S060830) (petition for review of an order from Yamhill County Circuit Court).|
Pursuant to ORS 147.539, petitioner J.P. (victim) has been granted review of a trial court order that denied her claim of a violation of her rights under Article I, section 42, of the Oregon Constitution. She asserts that the trial court legally was required to impose the full amount of her economic damages as restitution, as part of the sentence of defendant Daniel Algeo for driving under the influence of intoxicants and assault IV.
On review, the issue in this criminal case is whether the trial court erred in applying comparative negligence principles under ORS 31.600 to apportion responsibility for the victim's injuries between the victim and the defendant, and then reducing the amount it ordered defendant to pay in restitution to the percentage of victim's economic damages attributed to the conduct of the defendant.
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: