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“nce we rely on the indictment to determine which of the alternative forms of the crime are at issue, we disregard particular facts alleged in the indictment or proved at trial.”
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011
2018
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Rhee
nce we rely on the indictment to determine which of the alternative forms of the crime are at issue, we disregard particular facts alleged in the indictment or proved at trial.
discussed
Cited "see"
State v. Johnson
See State v. Alvarez, 240 Or App 167, 171 , 246 P3d 26 (2010), rev den, 350 Or 408 (2011) (explain- ing that “we will look to the indictment to determine which form is charged and use the elements of the charged version in the merger analysis”).
discussed
Cited "see"
State v. Johnson
See State v. Alvarez, 240 Or App 167, 171 , 246 P3d 26 (2010), rev den, 350 Or 408 (2011) (explain- ing that “we will look to the indictment to determine which form is charged and use the elements of the charged version in the merger analysis”).
cited
Cited "see"
State v. Jones
See State v. Alvarez, 240 Or App 167, 172 , 246 P3d 26 (2010), rev den, 350 Or 408 (2011) (similarly describing elements of UUW).
discussed
Cited "see"
State v. K. G. H.
See State v. Alvarez, 240 Or App 167, 171-74 , 246 P3d 26 (2010), rev den, 350 Or 408 (2011) (“However, when a statute contains alter- native forms of a single crime (as, for example, unlawful use of a weapon, which can be committed either by (1) carrying or possessing a dangerous weapon or by (2) attempting to use one), we will look to the indictment to determine which form is charged, and we use the elements of the charged version in the merger analysis.”).
cited
Cited "see"
Kinkel v. Persson
See Kinkel v. Lawhead, 240 Or App 403 , 246 P3d 746 , rev den, 350 Or 408 (2011) (Kinkel II).
discussed
Cited "see"
In re the Marriage of Salgado
See Slater and Slater, 240 Or App 30, 41 , 245 P3d 676 (2010), rev den, 350 Or 408 (2011) (“[O]ur cases demonstrate that, for purposes of valuation in this context, cognizable goodwill refers to the value of a business over and above the value of its assets irrespective of the owner’s or professional’s continued personal services * * * or personality or reputation.” (Internal quotation marks and citations omitted.)).
discussed
Cited "see, e.g."
State v. Carlton
In deciding merger, “we look only to the statutory elements and not to the facts of a particular case.” State v. Noe, 242 Or App 530, 532 , 256 P3d 166 (2011); see also State v. Alvarez, 240 Or App 167, 172 , 246 P3d 26 (2010), rev den, 350 Or 408 (2011) (in deciding merger, “once we rely on the indictment to determine which of the alterna- tive forms of the crime are at issue, we disregard particular facts alleged in the indictment or proved at trial”).
discussed
Cited "see, e.g."
State v. Carlton
In deciding merger, “we look only to the statutory elements and not to the facts of a particular case.” State v. Noe, 242 Or App 530, 532 , 256 P3d 166 (2011); see also State v. Alvarez, 240 Or App 167, 172 , 246 P3d 26 (2010), rev den, 350 Or 408 (2011) (in deciding merger, “once we rely on the indictment to determine which of the alterna- tive forms of the crime are at issue, we disregard particular facts alleged in the indictment or proved at trial”).
discussed
Cited "see, e.g."
State v. Haddon
We have explained that, “when a statute contains alternative forms of a single crime (as, for example, unlawful use of a weapon, which can be committed either by (1) carrying or possessing a dangerous weapon or by (2) attempting to use one), we will look to the indictment to determine which form is charged, and we use the elements of the charged version in the merger analysis.” State v. Gray, 240 Or App 599 , 609 n 4, 249 P3d 544 , rev den, 350 Or 574 (2011); see also State v. Alvarez, 240 Or App 167, 171 , 246 P3d 26 (2010), rev den, 350 Or 408 (2011) (when a statute provides alternative …
Retrieving the full opinion text from the archive…
JACKSON
v.
TRI-COUNTY METROPOLITAN TRANSP. DIST. OF OREGON.
v.
TRI-COUNTY METROPOLITAN TRANSP. DIST. OF OREGON.
S059284.
Oregon Supreme Court.
May 26, 2011.
Published
Citer courts: Court of Appeals of Oregon (1)
Petition for Review Denied.