green
Positive treatment
Quoted verbatim 5×
19.4 score
G Cite
cited 2× by 1 distinct case, last quoted 2008 ·
…the jury oath is designed to vindicate a defendant's fundamental constitutional rights to a fair trial before an impartial jury
⚠ not in text
cited 2× by 2 distinct cases, 2001–2016 · 2 courts ·
…we address defendant's motion according to its substance, not its caption.
⚠ not in text
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000
2013
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Zielinski
vidence is relevant so long as it increases or decreases, even slightly, the probability of the existence of a fact that is of consequence to the determination of the action.
discussed
Cited as authority (quoted)
State v. Martineau
this court has not adopted the doctrine of 'structural' or 'systemic' error in analyzing ques- tions of oregon law.
discussed
Cited as authority (quoted)
State v. Alegre
we address defendant's motion according to its substance, not its caption.
examined
Cited as authority (quoted)
Harris v. State
(4×)
also: Cited "see"
the jury oath is designed to vindicate a defendant's fundamental constitutional rights to a fair trial before an impartial jury
discussed
Cited as authority (quoted)
Welker Ex Rel. Bradbury v. Teachers Standards & Practices Commission
we address defendant's motion according to its substance, not its caption.
cited
Cited "see"
Maney v. Angelozzi
See State v. Barone, 329 Or 210, 229 , 986 P2d 5 (1999), cert den, 528 US 1086 (2000) (noting that presumption).
discussed
Cited "see"
Perez v. Lappin
See McLean v. Crabtree, 173 F.3d 1176, 1184 (9th Cir.1999) (holding that denial of request for sentence reduction under 18 U.S.C. § 3621 (e)(2)(B) on the basis of immigration detainer does not violate Equal Protection Clause), cert. denied, 528 U.S. 1086 , 120 S.Ct. 814 , 145 L.Ed.2d 685 (2000); Gonzalez-Radiya v. United States, Nos. 06-CV-187-TUC-FRZ, 04-CR-254-TUC-FR, 2006 WL 1050284 , at *1 (D.Ariz.
discussed
Cited "see"
Perez v. Lappin
See McLean v. Crabtree, 173 F.3d 1176, 1184 (9th Cir. 1999) (holding that denial of request for sentence reduction under 18 U.S.C. § 3621 (e)(2)(B) on the basis of immigration detainer does not violate Equal Protection Clause ), cert. denied, 528 U.S. 1086 (2000); Gonzalez-Radiya v. United States, Nos. 06-CV-187-TUC-FRZ, 04-CR-254-TUC-FR, 2006 WL 1050284 , at *1 (D.
discussed
Cited "see"
State v. Cagno
See State v. Barone, 329 Or. 210 , 986 P.2d 5, 21 (1999), cert. denied, 528 U.S. 1086 , 120 S.Ct. 813 , 145 L.Ed. 2d 685 (2000) (witness's sentence and appeal, when he no longer had a Fifth Amendment privilege to refuse to testify, could support *942 inference that the "refusal to testify was motivated by a desire to protect defendant."); United States v. Harman, 66 M.J. 710, 711-15 (A.Ct.Crim.App.2008), review granted 2009 CAAF Lexis 619 (C.A.A.F. 2009) (photo of military police officer with "thumbs up" admissible as evidence of "approval and encouragement to her co-conspirators as they maltr…
cited
Cited "see"
Francisco Pacheco-Camacho v. Robert Hood, Warden, Federal Correctional Institution, Sheridan Oregon
See McLean v. Crabtree, 173 F.3d 1176, 1183 (9th Cir.1999), cert. denied, 528 U.S. 1086 , 120 S.Ct. 814 , 145 L.Ed.2d 685 (2000).
cited
Cited "see"
The Boeing Company, and Consolidated Subsidiaries Boeing Sales Corporation v. United States of America, the Boeing Company, and Consolidated Subsidiaries, and Boeing Sales Corporation v. United States
See McLean v. Crabtree, 173 F.3d 1176, 1181 (9th Cir. 1999), cert. denied , 528 U.S. 1086 (2000). 14 Both Treas.
cited
Cited "see"
Boeing Co. v. United States
See McLean v. Crabtree, 173 F.3d 1176, 1181 (9th Cir.1999), cert. denied, 528 U.S. 1086 , 120 S.Ct. 814 , 145 L.Ed.2d 685 (2000).
discussed
Cited "see, e.g."
State v. Delaney
See State v. Taylor, 364 Or 364, 378 , 434 P3d 331 , cert den, ___ US ___, 140 S Ct 505 (2019) (explaining that “[w]e review for errors of law the trial court’s determination that the joinder will not result in substantial prejudice”); see also State v. Barone, 329 Or 210, 217 , 986 P2d 5 (1999), cert den, 528 US 1086 (2000) (same); State v. Thompson, 328 Or 248, 257 , 971 P2d 879 , cert den, 527 US 1042 (1999) (same).
discussed
Cited "see, e.g."
State v. Jesse
See Rogers, 330 Or at 312 (“If *600 there is only one legally correct outcome, then ‘discretion’ is an inapplicable concept.”); see also State v. Barone, 329 Or 210, 237 , 986 P2d 5 (1999), cert den, 528 US 1086 (2000) (court reviews relevance ruling for legal error); Delgado v. Souders, 334 Or 122, 135 , 46 P3d 729 (2002) (reviewing for legal error ruling that evidence was insufficient to support inference for which it was proffered). 8 We now consider defendant’s proffer in this case through that lens.
discussed
Cited "see, e.g."
State v. Pitt
Evidence is relevant if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” OEC 401; see also State v. Barone, 329 Or 210, 238 , 986 P2d 5 (1999), cert den, 528 US 1086 (2000) (so stating). 6 This court noted in Johns that intent and absence of mistake or accident under OEC 404(3), although distinct, are sometimes interchangeable. 301 Or at 550.
cited
Cited "see, e.g."
Pratt v. Armenakis
See, e.g., State v. Barone, 329 Or 210 , 236 n 19, 986 P2d 5 (1999), cert den, 528 US 1086 (2000); State v. Williams, 322 Or 620, 631 , 912 P2d 364 , cert den, 519 US 854 (1996).
cited
Cited "see, e.g."
State v. Pine
See, e.g., State v. Barone, 329 Or 210, 212 , 986 P2d 5 (1999), cert den, 528 US 1086 (2000) (so stating).
cited
Cited "see, e.g."
State v. Fanus
See ORS 136.210(1); see also State v. Barone, 328 Or 68, 74 , 969 P2d 1013 (1998), cert den, 528 US 1086 (2000) (so stating).
discussed
Cited "see, e.g."
State v. Jones
N.J.S.A. 2C:13-4(c), (d); see also Wilkins v. State, 985 P. 2d 184, 185-86 (Okla.Crim.App.1999) (holding that child stealing statute was not overbroad because statute did not criminalize every activity with child by one parent but strictly prohibited malicious, forcible, or fraudulent taking of child with intent to detain and conceal from other parent), cert. denied, *314 528 U.S. 1086 , 120 S.Ct. 813 , 145 L.Ed. 2d 685 (2000).
discussed
Cited "see, e.g."
Mitchell v. Andrews
As the Supreme Court has said, “Bop’s internal agency guideline, which is akin to an ‘interpretive rule’ that ‘do[es] not require notice and comment,’ is still entitled to some deference, since it is a ‘permissible construction of the statute.’ ” Id. (citations omitted); see also McLean v. Crabtree, 173 F.3d 1176,1184 (9th Cir.1999), cert. denied, 528 U.S. 1086 , 120 S.Ct. 814 , 145 L.Ed.2d 685 (2000).” The Bowen court further noted: There can be little doubt that the Bureau has “broad discretion in administering the sentence reduction treatment program.” McLean, 173 F.…
discussed
Cited "see, e.g."
Berkley v. United States
Corp., 429 U.S. 252, 266 , 97 S.Ct. 555 , 50 L.Ed.2d 450 (1977))); see also McLean v. Crabtree, 173 F.3d 1176, 1185 (9th Cir.1999) (requiring appellants to first show that the statute, either on its face or in the manner of its enforcement, resulted in members of a certain group being treated differently from other persons based on membership in that group), cert. denied, 528 U.S. 1086 , 120 S.Ct. 814 , 145 L.Ed.2d 685 (2000); E & T Realty v. Strickland, 830 F.2d 1107 , 1112 n. 5 (11th Cir.1987), cert. denied, 485 U.S. 961 , 108 S.Ct. 1225 , 99 L.Ed.2d 425 (1988).
Retrieving the full opinion text from the archive…
O'Donnell
v.
Johnson, Director, Texas Department of Criminal Justice, Institutional Division
v.
Johnson, Director, Texas Department of Criminal Justice, Institutional Division
No. 99-6727.
Supreme Court of the United States.
Jan 10, 2000.
C. A. 5th Cir. Certiorari denied.