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“ur cases since the adoption of ors 136.432 establish that suppression of evidence for a violation of an implied consent statute is required only if the applicable statutes themselves require suppression of the evidence”
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2008
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Top citers, strongest first. 9 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
State v. Eskie
ur cases since the adoption of ors 136.432 establish that suppression of evidence for a violation of an implied consent statute is required only if the applicable statutes themselves require suppression of the evidence
discussed
Cited "see"
State v. DiMolfetto
Under both constitutions, the confrontation right applies to hearsay statements—that is, statements “other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the mat- ter asserted.” OEC 801(3) (defining hearsay); see State v. Ruggles, 214 Or App 612, 619 , 167 P3d 471 , adh’d to as mod- ified on recons, 217 Or App 384 , 175 P3d 502 (2007), rev den, 344 Or 280 (2008) (explaining that, because the “constitu- tional provisions work to limit the introduction of hearsay testimony,” whether a particular piece of evidence “…
discussed
Cited "see"
State v. DiMolfetto
Under both constitutions, the confrontation right applies to hearsay statements—that is, statements “other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the mat- ter asserted.” OEC 801(3) (defining hearsay); see State v. Ruggles, 214 Or App 612, 619 , 167 P3d 471 , adh’d to as mod- ified on recons, 217 Or App 384 , 175 P3d 502 (2007), rev den, 344 Or 280 (2008) (explaining that, because the “constitu- tional provisions work to limit the introduction of hearsay testimony,” whether a particular piece of evidence “…
cited
Cited "see"
State v. Forker
See State v. Forker, 214 Or App 622, 626 , 168 P3d 279 (2007), rev den, 344 Or 280 (2008) (describing case).
discussed
Cited "see"
State v. Banks
(2×)
As we have previously held, where the request is reasonable, a “defendant [has] no constitutional right to refuse the administration of a breath test.” Gefre, 137 Or App at 83-84 (concluding that the use of evidence of the defendant’s refusal to take a breath test did not burden his rights under Article I, section 9, because the defendant had no right to refuse consent where probable cause and exigent circumstances supported administering the breath test); see State v. Greenough, 216 Or App 426, 430 , 173 P3d 1227 (2007), rev den, 344 Or 280 (2008) (“[I]n Gefre, we rejected the content…
discussed
Cited "see"
State v. Odnorozhenko
ORS 161.610(2) (“The unaggravated crime shall be considered a lesser included offense.”); see State v. Walraven, 214 Or App 645, 654 , 167 P3d 1003 (2007), rev den, 344 Or 280 (2008) (merging convictions for murder and aggravated murder because murder does not require proof of any element that aggravated murder does not).
discussed
Cited "see"
State v. Chase
See State v. Forker, 214 Or App 622, 629 , 168 P3d 279 (2007), rev den, 344 Or 280 (2008) (explaining the classes of informants generally used in affidavits and their effect on the court’s review of the affidavit).
discussed
Cited "see, e.g."
State v. Shelby
See Breazile, 189 Or App at 146-47 (finding compelling circumstances when the defen- dant was questioned by three corrections officials in the lieu- tenant’s office, not informed he could end the interview, and told he could face administrative sanctions related to mari- juana found in his footlocker); see also State v. Hutchins, 214 Or App 260, 269 , 164 P3d 318 (2007), rev allowed, 344 Or 280 (2008), appeal dismissed, 345 Or 690 , rev den, 346 Or 590 (2009) (that inmate was informed that his silence could 430 State v. Shelby be used against him weighed in favor of compelling circum- stance…
cited
Cited "see, e.g."
State v. Noe
See, e.g., State v. Walraven, 214 Or App 645, 653-54 , 167 P3d 1003 (2007), rev den, 344 Or 280 (2008).
Retrieving the full opinion text from the archive…
SMITH
v.
BELLEQUE.
v.
BELLEQUE.
S055692.
Oregon Supreme Court.
Mar 5, 2008.
Published
Citer courts: Court of Appeals of Oregon (1)
Petition for review denied.