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“it is always permissible to show the interest or bias of an adverse witness because the evidence of a witness's bias or interest goes to the witness's credibility.”
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2009
2017
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Miller
it is always permissible to show the interest or bias of an adverse witness because the evidence of a witness's bias or interest goes to the witness's credibility.
discussed
Cited as authority (quoted)
State v. Phillips
because the aid of 'another person' is necessary for the crime to occur, the 'other' person is not deemed to be an accomplice in the third-degree assault.
discussed
Cited as authority (quoted)
State v. Brown
the government can authorize inventory searches, but those searches themselves must meet certain constitutionally based criteria
discussed
Cited "see"
Harris v. Sundquist
See Smith v. Dept. of Corrections, 219 Or App 192, 198 , 182 P3d 250 (2008), rev den, 345 Or 690 (2009) (explaining that, to establish a violation of Article I, section 13, “an inmate must show that the practice would be recognized as an abuse to the extent that it cannot be justified by necessity” (internal quotation marks omitted)).
discussed
Cited "see"
Harris v. Sundquist
See Smith v. Dept. of Corrections, 219 Or App 192, 198 , 182 P3d 250 (2008), rev den, 345 Or 690 (2009) (explaining that, to establish a violation of Article I, section 13, “an inmate must show that the practice would be recognized as an abuse to the extent that it cannot be justified by necessity” (internal quotation marks omitted)).
discussed
Cited "see"
State v. Walker
See State v. Escalera, 223 Or App 26, 33 , 194 P3d 883 (2008), rev den, 345 Or 690 (2009) (noting that, for purposes of ORS 137.717, “ORS 137.079 prescribes the procedure by which the fact of a previous conviction must be proved”).
cited
Cited "see"
State v. Miller
See State v. Martin, 222 Or App 138, 142 , 193 P3d 993 (2008), rev den, 345 Or 690 (2009).
discussed
Cited "see"
State v. Brandes
See State v. Martin, 222 Or App 138 , 140- 41, 144, 193 P3d 993 (2008), rev den, 345 Or 690 (2009) (con- cluding that the state failed to meet its burden to prove that the defendant’s “ambiguous” conduct constituted consent to the officer’s warrantless entry into her home, where the defendant “flung open the door” in response to the officer’s knocking and “ran into a back bedroom” leaving the door open).
discussed
Cited "see"
State v. Stanley
See State v. Martin, 222 Or App 138, 146 , 193 P3d 993 (2008), rev den, 345 Or 690 (2009) (holding that, in order for a warrantless community-caretaking search of a home to be lawful, the search must also fall under one of the constitutional exceptions to the warrant requirement).
cited
Cited "see"
State v. George
See State v. Cave, 223 Or App 60, 67 , 195 P3d 446 (2008), rev den, 345 Or 690 (2009).
cited
Cited "see"
State v. Pickle
See State v. Martin, 222 Or App 138, 142 , 193 P3d 993 (2008), rev den, 345 Or 690 (2009) (so stating).
discussed
Cited "see"
State v. ATES, III
See State v. Merida-Medina, 221 Or App 614, 619-20 , 191 P3d 708 (2008), rev den, 345 Or 690 (2009) (holding that, “[b]ecause the aid of ‘another person’ is necessary for the crime [of third-degree assault] to occur, under ORS 161.165(2), the ‘other’ person is not deemed to be an accomplice in the third-degree assault” and concluding that the trial court erred in instructing the jury that it could find the defendant guilty of third-degree assault under an aid-and-abet theory).
discussed
Cited "see, e.g."
State v. Shelby
See Breazile, 189 Or App at 146-47 (finding compelling circumstances when the defen- dant was questioned by three corrections officials in the lieu- tenant’s office, not informed he could end the interview, and told he could face administrative sanctions related to mari- juana found in his footlocker); see also State v. Hutchins, 214 Or App 260, 269 , 164 P3d 318 (2007), rev allowed, 344 Or 280 (2008), appeal dismissed, 345 Or 690 , rev den, 346 Or 590 (2009) (that inmate was informed that his silence could 430 State v. Shelby be used against him weighed in favor of compelling circum- stance…
discussed
Cited "see, e.g."
Espinoza v. Evergreen Helicopters, Inc.
See, e.g., Smith v. Dept. of Corrections, 219 Or App 192, 198-99 , 182 P3d 250 (2008), rev den, 345 Or 690 , cert den, 557 US 923 (2009) (declining to address the merits of undeveloped constitutional claims).
discussed
Cited "see, e.g."
State v. McCullough
See, e.g., State v. Martin, 222 Or App 138, 150 , 193 P3d 993 (2008), rev den, 345 Or 690 (2009) (emergency aid exception did not justify warrantless entry where police had no reason to believe that the defendant was in mortal danger).
cited
Cited "see, e.g."
State v. Baker
See, e.g., State v. Martin, 222 Or App 138, 148 , 193 P3d 993 (2008), rev den, 345 Or 690 (2009).
examined
Cited "see, e.g."
State v. Fry
(3×)
Defendant was charged under ORS 163.165(1)(e), which provides that a person commits third-degree assault if, "[w]hile being aided by another person actually present, [the person] intentionally or knowingly causes physical injury to another[.]" As noted, the trial court instructed the jurors that they could not convict defendant unless they found that he "inflicted physical injury directly himself or must have engaged in conduct so extensively intertwined with the infliction of the injury, that such conduct can be found to have produced the injury." See State v. Pine, 336 Or. 194, 207 , 82 P.3d…
discussed
Cited "see, e.g."
State v. Lockamy
See State v. Jones, 223 Or App 611, 616-18 , 196 P3d 97 (2008), rev den, 345 Or 618 (2009) (setting out analysis for determining whether the legislature intended to require proof of a culpable mental state as to a particular element of an offense); see also, e.g., State v. Cave, 223 Or App 60, 67-68 , 195 P3d 446 (2008), rev den, 345 Or 690 (2009) (in determining whether trial court erred in denying the defendant’s *114 motion for a judgment of acquittal on charge of fleeing or attempting to elude a police officer, reviewing court first determined the legislature’s intended meaning of offe…
Retrieving the full opinion text from the archive…
FEDORA
v.
FEDORA.
v.
FEDORA.
S056666.
Oregon Supreme Court.
Jan 29, 2009.
Published
Citer courts: Court of Appeals of Oregon (3)
Petition for review denied.