green
Positive treatment
Issue: party requesting instructionOR ↗
Issue: pleading requirementOR ↗
Quoted verbatim 2×
8.7 score
“because the indictment can be plausibly read to encompass the theory on which the defendant was convicted , we reject his contention that the indictment actually obligated the state to prove more than what the reporting statutes require .”
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011
2018
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Sanchez and Barragan
spousal support should not be set at an amount that is higher than the obligor can reason- ably afford to pay at the time of dissolution.
examined
Cited as authority (quoted)
State v. Wier
because the indictment can be plausibly read to encompass the theory on which the defendant was convicted , we reject his contention that the indictment actually obligated the state to prove more than what the reporting statutes require .
discussed
Cited "see"
Roberts and Roberts
See Abrams and Abrams, 243 Or App 203, 207 , 259 P3d 92 , rev den, 350 Or 716 (2011) (The purpose of spousal maintenance support “is to allow one financially able spouse to contribute to the support of the other, depending on the financial needs and resources of each party.”).
discussed
Cited "see"
State v. Orcutt
See State v. Anderson, 243 Or App 222, 228-29 , 253 P3d 1244 , rev den, 350 Or 716 (2011) (concluding that, under OAR 213-010-0002 “the sentencing court is to impose the sanction based on the grid block at the time of the initial sentence,” even though the defendant’s criminal history score was different at the time probation was revoked, because one of defendant’s prior convictions was reversed after the initial sentencing proceeding).
discussed
Cited "see"
In Re the Marriage of Hanscam
Property acquired by gift or inheritance during the marriage is a marital asset, however, “[t]he presumption [of equal contribution] may be overcome * * * by a finding that property was acquired by one spouse by gift or inheritance, uninfluenced by the other spouse.” Jenks and Jenks, 294 Or 236, 241 , 656 P2d 286 (1982); see Finear and Finear, 240 Or App 755, 762 , 247 P3d 1238 , rev allowed, 350 Or 716 (2011) (where there was no evidence that the wife made any contribution or had any influence over the acquisition of assets that the husband had inherited during the marriage the presumptio…
discussed
Cited "see, e.g."
State v. Denson
See Hoffmeister, 164 Or App at 194 (“Defendant does not dispute the fact that, originally, he should have been sentenced under gridblock 7-C [instead of grid block 7-1].”); see also State v. Anderson, 243 Or App 222, 226-28 , 258 P3d 1244 , rev den, 350 Or 716 (2011) (judgment controlled sanction available upon revocation of probation, even though parties did not dispute that one of the convictions used to calculate defendant’s criminal history score, as reflected in the original judgment, had been vacated by the time of revocation).
cited
Cited "see, e.g."
In re the Marriage of Waid
See, e.g., Abrams and Abrams, 243 Or App 203, 209 , 259 P3d 92 , rev den, 350 Or 716 (2011) (setting out goals for spousal support awards after long-term marriages).
discussed
Cited "see, e.g."
In Re the Marriage of Leif
See, e.g.,Finear and Finear, 240 Or App 755, 761 , 247 P3d 1238 , rev allowed, 350 Or 716 (2011) (treating an inheritance like “any other gift” for the purposes of spousal support).
Retrieving the full opinion text from the archive…
ROMERO
v.
KILMER.
v.
KILMER.
S059587.
Oregon Supreme Court.
Sep 15, 2011.
Published
Citer courts: Court of Appeals of Oregon (2)
Petition for Review Denied.