“the burden of proof of any exemption or exception is upon the person claiming it.”
Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Bourget-Goddard
the burden of proof of any exemption or exception is upon the person claiming it.
discussed
Cited "see"
State v. Unger
See State v. Baker, 265 Or App 500, 503 , 336 P3d 547 (2014), rev den, 356 Or 685 (2015) (explaining that the state “may allege subcategory factors ‘to elevate the charged offense on the crime-seriousness scale’ for purposes of the felony sentencing guidelines” (quoting State v. Merrill, 135 Or App 408, 411 , 899 P2d 712 (1995), rev dismissed, 323 Or 73 (1996))); see also ORS 135.711 (requiring the state to allege subcategory factors if it intends to rely on them for sentencing).
cited
Cited "see"
State v. Cam
See State v. Merrill, 135 Or App 408, 412 , 899 P2d 712 (1995), rev dismissed, 323 Or 73 (1996).
Retrieving the full opinion text from the archive…
STATE OF OREGON, on Review
v.
REYNELL MERRILL, on Review STATE OF OREGON, on Review v. JUDY MERRILL, on Review
v.
REYNELL MERRILL, on Review STATE OF OREGON, on Review v. JUDY MERRILL, on Review
CC 92-1081; CA A81412 (Control); CC 92-1082; CA A81413; SC S42507.
Oregon Supreme Court.
Mar 21, 1996.
Andy Simrin, Deputy Public Defender, Salem, argued the cause for petitioners on review. With him on the briefs was Sally L. Avera, Public Defender., Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Cited by 10 opinions | Published
Citer courts: Court of Appeals of Oregon (1)
MEMORANDUM OPINION
Review dismissed as improvidently allowed.