MAKINSON v. Lampert, 119 P.3d 790 (Or. 2005). · Go Syfert
MAKINSON v. Lampert, 119 P.3d 790 (Or. 2005). Cases Citing This Book View Copy Cite
209 citation events (209 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Aguirre v. State of Oregon
Or. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any por- tion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Aguirre v. State of Oregon
Or. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any por- tion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) 21+ Tobacco and Vapor Retail Assn. v. Multnomah County
Or. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
as a general rule, we assume that the legislature did not intend any por- tion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) 21+ Tobacco and Vapor Retail Assn. v. Multnomah County
Or. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
as a general rule, we assume that the legislature did not intend any por- tion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Schwartz v. Washington County
Or. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any portion of its enactments to be meaningless sur- plusage.
discussed Cited as authority (quoted) Schwartz v. Washington County
Or. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any portion of its enactments to be meaningless sur- plusage.
discussed Cited as authority (quoted) State v. Cassidy
Or. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any por- tion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) State v. Cassidy
Or. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any por- tion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Childress v. Board of Psychology
Or. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
we are hesitant to ascribe to the legislative assembly as a whole the single remark of a single nonlegislator at a committee hearing.
discussed Cited as authority (quoted) Childress v. Board of Psychology
Or. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
we are hesitant to ascribe to the legislative assembly as a whole the single remark of a single nonlegislator at a committee hearing.
discussed Cited as authority (quoted) DeHart v. Tofte
Or. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) DeHart v. Tofte
Or. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) State v. V. L.
Or. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
also considered part of the broader context of a statute is the legislative history of related statutes.
discussed Cited as authority (quoted) Jondle
Or. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence low
when the dispositive issue involves the meaning of applicable statutes, we review the court's ruling as a matter of law.
discussed Cited as authority (quoted) Marshall v. PricewaterhouseCoopers, LLP
Or. Ct. App. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) State v. Zook
Or. Ct. App. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
we are hesitant to ascribe to the legislative assembly as a whole the single remark of a single nonlegislator at a committee hearing.
examined Cited as authority (quoted) Bay Area Hospital v. Oregon Health Authority (2×)
Or. T.C. · 2019 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence low
we are hesitant to ascribe to the legislative assembly as a whole the single remark of a single nonlegislator at a committee hearing.
discussed Cited as authority (quoted) State v. Civil
Or. Ct. App. · 2017 · signal: accord · quote attribution · 1 verbatim quote · confidence high
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) State v. Breshears
Or. Ct. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the legislature intended the phrase 'the victim does not consent' to apply either to actual lack of consent or incapacity to consent because the victim was under the age of 18.
discussed Cited as authority (quoted) State v. Bowen
Or. Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage
examined Cited as authority (quoted) State v. Bernhardt
Or. Ct. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
ur best judgment is that the legislature intended the phrase 'the victim does not consent' in ors 163.425 to apply either to actual lack of consent or incapacity to consent because the victim was under the age of 18.
discussed Cited as authority (quoted) State v. Meek
Or. Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence low
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Richardson v. Oregon Department of Transportation
Or. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) McCollum v. State ex rel. Department of Land Conservation & Development
Or. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
in practical effect, we directly review the agency's order for compliance with the standards set out in ors 183.484(5).
discussed Cited as authority (quoted) Ericsson v. State
Or. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence low
in practical effect, we directly review the agency's order for compliance with the standards set out in ors 183.484(5).
discussed Cited as authority (quoted) Hoekstre v. STATE EX REL. DLCD
Or. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
in practical effect, we directly review the agency's order for compliance with the standards set out in ors 183.484(5).
discussed Cited as authority (quoted) State v. Donovan
Or. Ct. App. · 2011 · quote attribution · 1 verbatim quote · confidence low
as a general rule, we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Lamb v. Coursey
Or. Ct. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
as a general rule, we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Suchi v. SAIF Corp.
Or. Ct. App. · 2010 · quote attribution · 1 verbatim quote · confidence low
we are hesitant to ascribe to the legislative assembly as a whole the single remark of a single nonlegislator at a committee hearing.
discussed Cited as authority (quoted) Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Department
Or. Ct. App. · 2010 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
as a general rule, we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Certain Underwriters v. Massachusetts Bonding & Insurance
Or. Ct. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage
examined Cited as authority (quoted) Department of Human Services v. B. A. S. (2×)
Or. Ct. App. · 2009 · quote attribution · 2 verbatim quotes · confidence low
as a general rule, we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) State v. Kelly
Or. Ct. App. · 2009 · quote attribution · 1 verbatim quote · confidence low
we are hesitant to ascribe to the legislative assembly as a whole the single remark of a single nonlegislator at a committee hearing
discussed Cited as authority (quoted) Friends of Yamhill County v. Yamhill County
Or. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
as a general rule, we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
examined Cited as authority (quoted) Lenon v. Public Employees Retirement Board (3×)
Or. Ct. App. · 2009 · quote attribution · 3 verbatim quotes · confidence low
in our judgment, concluding that the legislature merely said more than it needed to is far less offensive to legislative prerogative than holding that the legislature did not mean what it said.
discussed Cited as authority (quoted) Roats Water System, Inc. v. Golfside Investments, LLC
Or. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
as a general rule, we assume that the legislature did not intend any portion of its enactments to be meaningless surplusage.
discussed Cited as authority (quoted) Department of Revenue v. Faris
Or. T.C. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
the legislature did not intend any portion of its enactments to be meaningless surplusage
discussed Cited "see" State v. Levitt
Or. Ct. App. · 2025 · signal: see · confidence high
See State v. Stamper, 197 Or App 413, 418 , 106 P3d 172 , rev den, 339 Or 230 (2005) (explaining that “we assume that the leg- islature did not intend any portion of its enactments to be meaningless surplusage”).
discussed Cited "see" State v. Levitt
Or. Ct. App. · 2025 · signal: see · confidence high
See State v. Stamper, 197 Or App 413, 418 , 106 P3d 172 , rev den, 339 Or 230 (2005) (explaining that “we assume that the leg- islature did not intend any portion of its enactments to be meaningless surplusage”).
discussed Cited "see" State v. Leake
Or. Ct. App. · 2023 · signal: see · confidence high
See State v. Stamper, 197 Or App 413, 418 , 106 P3d 172 , rev den, 339 Or 230 (2005) (“As a general rule, we assume that the legislature did not intend any portion of 7 The 1935 edition reflects the same.
discussed Cited "see" State v. Leake
Or. Ct. App. · 2023 · signal: see · confidence high
See State v. Stamper, 197 Or App 413, 418 , 106 P3d 172 , rev den, 339 Or 230 (2005) (“As a general rule, we assume that the legislature did not intend any portion of 7 The 1935 edition reflects the same.
cited Cited "see" Kaser v. PERS
Or. Ct. App. · 2022 · signal: see · confidence high
See G.A.S.P. v. Environmental Quality Commission, 198 Or App 182, 187 , 108 P3d 95 , rev den, 339 Or 230 (2005) (explain- ing our standard of review).
discussed Cited "see" State v. Villagomez
Or. Ct. App. · 2016 · signal: see · confidence high
See State v. Stamper, 197 Or App 413, 418 , 106 P3d 172 , rev den, 339 Or 230 (2005) (explaining that we generally assume that the legislature “did not intend any portion of its enactments to be meaningless surplusage”).
discussed Cited "see" State v. Cox
Or. Ct. App. · 2015 · signal: see · confidence high
See State v. Hayes, 186 Or App 49, 57 , 61 P3d 960 (2003), rev den, 339 Or 230 (2005) (declining to reach the defendant’s alternative federal constitutional basis for affirmance because, inter alia, the defendant did not raise and develop that argument in the trial court).
cited Cited "see" State v. Coffman
Or. Ct. App. · 2014 · signal: see · confidence high
See State v. Hayes, 186 Or App 49, 56-57 , 61 P3d 960 (2003), rev den, 339 Or 230 (2005) (remanding case to the trial court for consideration of exploitation issue).
discussed Cited "see" Riverkeepers v. Oregon Department of Environmental Quality
Or. Ct. App. · 2010 · signal: see · confidence high
See G.A.S.P. v. Environmental Quality Commission, 198 Or App 182, 187 , 108 P3d 95 , rev den, 339 Or 230 (2005) (we review to determine compliance with the standards set forth in ORS 183.484(5)).
discussed Cited "see" Gasp v. Eqc (2×)
Or. Ct. App. · 2008 · signal: see · confidence high
See generally G.A.S.P. v. Environmental Quality Commission, 198 Or.App. 182, 185 , 108 P.3d 95 , rev.den., 339 Or. 230 , 119 P.3d 790 (2005) ( G.A.S.P.
cited Cited "see" G.A.S.P. v. Environmental Quality Commission
Or. Ct. App. · 2008 · signal: see · confidence high
See generally G.A.S.P. v. Environmental Quality Commission, 198 Or App 182, 185 , 108 P3d 95 , rev den, 339 Or 230 (2005) (G.A.S.P.
cited Cited "see" Hendricks v. Hill
Or. Ct. App. · 2006 · signal: accord · confidence high
Accord Makinson v. Lampert, 199 Or App 418, 420-21 , 112 P3d 364 , rev den, 339 Or 230 (2005).
discussed Cited "see" State v. Holcomb
Or. Ct. App. · 2005 · signal: accord · confidence high
Accord State v. Atkin, 190 Or App 387, 391-92 , 78 P3d 1259 (2003), rev den, 339 Or 230 (2005) (holding that officer’s retention of identification for less than a minute effected a stop where, while retaining the identification, the officer “radioed headquarters to determine whether [the defendant] was a criminal, asked her if the purse she identified as hers contained weapons or drugs, and asked for consent to search the purse”).
Retrieving the full opinion text from the archive…
MAKINSON
v.
LAMPERT.
S52505.
Oregon Supreme Court.
Aug 23, 2005.
119 P.3d 790

Petition for review denied.