green
Positive treatment
Quoted verbatim 1×
8.1 score
“e now confirm that, as this court so many times has held, an indictment generally is sufficient if it charges an offense in the words of the statute.”
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004
2015
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Magana
e now confirm that, as this court so many times has held, an indictment generally is sufficient if it charges an offense in the words of the statute.
discussed
Cited "see"
State v. Antoine
See State v. Hale, 335 Or 612, 621 , 75 P3d 448 (2003), cert den, 541 US 942 (2004) (stating that “an indictment generally is sufficient if it charges an offense in the words of the statute”).
cited
Cited "see"
State v. Addison
See State v. Ayer, 150 N.H. 14, 33 (2003), cert. denied, 541 U.S. 942 (2004).
examined
Cited "see"
State v. Kousounadis
(3×)
See State v. Ayer, 150 N.H. 14, 24-25 (2003) (applying the federal distinction between a “structural defect” and a “trial error,” and holding that denial of a defendant’s right to self-representation is a “structural defect”), cert. denied, 541 U.S. 942 (2004); State v. Hall, 148 N.H. 394, 400 (2002) (instructing jury to presume defendant’s mental state, the only element at issue); State v. Reid, 134 N.H. 418, 423 (1991) (improper jury instruction on the requisite mental state for resisting arrest charge); Williams, 133 N.H. at 634-35 (direction of a verdict for the prosecution…
discussed
Cited "see"
State v. DuBois
Therefore, the only issue is whether the errors were ‘obvious.’ ”); accord State v. Hale, 335 Or 612, 627 , 75 P3d 448 (2003), cert den, 541 US 942 (2004) (applying that principle and concluding that the failure to give a jury concurrence instruction was error apparent on the face of the record).
discussed
Cited "see"
State v. Ketchum
See State v. Hale, 335 Or 612, 628-29 , 75 P3d 448 (2003), cert den, 541 US 942 (2004) (error in instructing jury on some aggravated murder counts was harmless in light of unanimous verdicts on other counts); State v. Lotches, 331 Or 455 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001) (instructional error regarding one count of aggravated murder was harmless in light of what jury necessarily found in convicting on attempted murder counts).
discussed
Cited "see, e.g."
Wilson v. Premo
See, e.g., State v. Hale, 335 Or 612, 627 , 75 P3d 448 (2003), cert den, 541 US 942 (2004) (trial court plainly erred in failing to give concurrence instruction where the state charged the defendant with multiple counts of aggravated murder based on multiple underlying felonies against different victims, and there was conflicting evidence as to which of two perpetrators had committed each of the underlying crimes); State v. Lotches, 331 Or 455, 461, 470-71 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001) (where defendant was charged with three counts of aggravated murder of a single victim, b…
discussed
Cited "see, e.g."
State v. Belyea
The Code of Judicial Conduct reflects this guarantee, see Sup. Ct. R. 38, Canon 3E(1); see also State v. Ayer, 150 N.H. 14, 35 (2003), cert. denied, 541 U.S. 942 (2004), and requires disqualification in a proceeding where the judge’s impartiality might reasonably be questioned and to avoid even the appearance of impropriety, see SUP.
Retrieving the full opinion text from the archive…
Hettler
v.
Kahn
v.
Kahn
03-8302.
Supreme Court of the United States.
Mar 22, 2004.
Published
Citer courts: Court of Appeals of Oregon (1)
HETTLER
v.
KAHN.
No. 03-8302.
Supreme Court of United States.
March 22, 2004.
1
C. A. 8th Cir. Certiorari denied.