Cluster 1136841
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· 71 citation events
across 3 courts.
Showing the 6 strongest citers on record
(one row per citing case, strongest signal kept).
However, in that decision, the Oregon Supreme Court specifically agreed with the Court of Appeals that aggravated felony murder "requires that the defendant personally commit the homicide." Id. at 1158. 2 Section 163.115(1)(a) defines criminal homicide as murder "[w]hen it is committed intentionally." The next subsection, § 163.115(1)(b), defines felony murder 3 Somphalavanh's entire testimony was as follows: Q: Mr. Somphalavanh Sophanthavong, did Mr. Bertoni, your trial att…
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Sophanthavong v. Palmateer (2004)
However, in that decision, the Oregon Supreme Court specifically agreed with the Court of Appeals that aggravated felony murder "requires that the defendant personally commit the homicide.” Id. at 1158. .
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State v. Metz (1994)
See State v. Cohen, supra, 289 Or. at 530 , 614 P.2d 1156 (an indictment that charged the defendant with causing the death of the victim "by shooting him" sufficiently alleged the element that the defendant "personally" caused the death).
See State v. Cohen, 289 Or. 525 , 614 P.2d 1156, 1157-58 (1980).
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State v. Turnidge (2016)
“The distinction between the crimes is [therefore] the nature of the defendant’s participation in the homicide.” Id.; see also State v. Cohen, 289 Or 525, 529-30 , 614 P2d 1156 (1980) (demonstrating that “personally” element elevates felony murder to aggravated felony murder). 75 Turning to that “personally” element, the court in Link summarized the analysis from an earlier decision, Nefstad, 309 Or 523 , in which a defendant and a codefen-dant had been accused of killing a …
demonstrating that “personally” element elevates felony murder to aggravated felony murder
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State v. Nefstad (1990)
See also State v. Cohen, 289 Or 525, 529 , 614 P2d 1156 (1980).