State v. Merrell, 204 P.3d 96 (Or. 2009). · Go Syfert
State v. Merrell, 204 P.3d 96 (Or. 2009). Cases Citing This Book View Copy Cite
“a dictionary definition of ordinary meaning, however, is controlling only if there is no evidence from the statute or its relevant context that the legislature intended some other meaning to apply.”
56 citation events (56 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Bennett (orctapp, 2017-08-23)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (quoted) State v. Bennett
Or. Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence low
a dictionary definition of ordinary meaning, however, is controlling only if there is no evidence from the statute or its relevant context that the legislature intended some other meaning to apply.
discussed Cited as authority (quoted) State v. Raymond
Or. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence low
t is irrelevant whether defendant's consent was obtained illegally because, as the state argues, in light of the other justification for the search, the consent was 'superfluous.
discussed Cited as authority (quoted) State v. Stewart
Or. Ct. App. · 2010 · quote attribution · 1 verbatim quote · confidence low
we review the trial court's denial of defendant's motion for a new trial for abuse of discretion.
discussed Cited "see" State v. J. D. B.
Or. Ct. App. · 2023 · signal: see · confidence high
See State v. Deloretto, 221 Or App 309, 321 , 189 P3d 1243 (2008), rev den, 346 Or 66 (2009) (“It is not legally permissible for a trial court to deny a new trial for a Brady violation if there is a ‘reasonable prob- ability’ that the suppressed evidence would have resulted in a different outcome[.]” (Quoting United States v. Bagley, 473 US 667, 682 , 105 S Ct 3375 , 87 L Ed 2d 481 (1985))); see Turner, 582 US at 324 (defining “a reasonable probability of a different result” as one in which “the suppressed evidence undermines confidence in the outcome of the trial” (citation an…
discussed Cited "see" State v. J. D. B.
Or. Ct. App. · 2023 · signal: see · confidence high
See State v. Deloretto, 221 Or App 309, 321 , 189 P3d 1243 (2008), rev den, 346 Or 66 (2009) (“It is not legally permissible for a trial court to deny a new trial for a Brady violation if there is a ‘reasonable prob- ability’ that the suppressed evidence would have resulted in a different outcome[.]” (Quoting United States v. Bagley, 473 US 667, 682 , 105 S Ct 3375 , 87 L Ed 2d 481 (1985))); see Turner, 582 US at 324 (defining “a reasonable probability of a different result” as one in which “the suppressed evidence undermines confidence in the outcome of the trial” (citation an…
discussed Cited "see" State v. Fox
Or. Ct. App. · 2014 · signal: accord · confidence high
In the 2007 amendment, ORS 162.005 changed from defining “public servant” in terms of what that phrase “includes” to defining “public servant” in terms of what that phrase “means.” Generally, the legislature intends something quite different when it says a particular statutory term “means” something as opposed to when it says that a term “includes” something. “‘Means’ is used in the definition if the definition restricts or limits the meaning of a word. ‘Includes’ is used if the definition extends the meaning.” Office of Legislative Counsel, Bill Drafting Ma…
discussed Cited "see" State v. McIntyre
Or. Ct. App. · 2012 · signal: see · confidence high
See State v. Deloretto, 221 Or App 309, 314 , 189 P3d 1243 (2008), rev den, 346 Or 66 (2009) (explaining that “[t]he [Johns] inquiry is cumulative: if the answer to any of the first five inquiries is negative, then the evidence is not relevant”); State v. Rinkin, 141 Or App 355, 368 , 917 P2d 1035 (1996) (reasoning that the state “ha[s] the burden of demonstrating admissibility under the Johns test and that, “if any [of the Johns factors] is not met, the evidence must be excluded”).
discussed Cited "see" State v. Hutton
Or. Ct. App. · 2012 · signal: see · confidence high
There is a sixth Johns question that comes into play if the first five are met: whether the probative value of the prior-act evidence is substantially outweighed by the danger of unfair prejudice, confusion of issues or misleading the jury, undue delay, or presentation of cumulative evidence. 301 Or at 556 ; see State v. Deloretto, 221 Or App 309, 314 , 189 P3d 1243 (2008), rev den, 346 Or 66 (2009) (“The inquiry is cumulative: if the answer to any of the first five inquiries is negative, then the evidence is not relevant and the court need not proceed to the balancing in the sixth inquiry, …
discussed Cited "see, e.g." State v. Stockton
Or. Ct. App. · 2021 · signal: see, e.g. · confidence low
See, e.g., State v. Deloretto, 221 Or App 309 , 189 P3d 1243 (2008), rev den, 346 Or 66 (2009) (addressing assign- ments of error that are likely to arise on remand despite reversing on different ground); Westwood Construction Co. v. Hallmark Inns, 182 Or App 624 , 50 P3d 238 , rev den, 335 Or 42 (2002) (addressing ruling concerning availability of cer- tain type of attorney fees under ORS 87.060 as likely to arise on remand).
Retrieving the full opinion text from the archive…
STATE
v.
MERRELL.
S056891.
Oregon Supreme Court.
Mar 4, 2009.
204 P.3d 96

Petition for review denied.