State v. Abram (2015)
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· 24 citation events
across 1 courts.
Showing the 4 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 2019 → 2026 · click a year to view the case as of then
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State v. Leake (2023)
See State v. Abram, 273 Or App 449, 455 , 359 P3d 431 (2015) (explaining that subsection (3) “defines the contours of” and “provides a necessary ingredi- ent of” the definition of the offense, because “[t]he definition of the term ‘concealed’ cannot be satisfied by a firearm that is carried openly in a belt holster” (internal quotation marks omitted)); id. at 455-56 (whether subsection (3) is an element or a properly raised defense, the state must prove beyond a reasonable d…
whether subsection (3) is an element or a properly raised defense, the state must prove beyond a reasonable doubt that the firearm was not carried openly in a belt holster
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State v. Leake (2023)
See State v. Abram, 273 Or App 449, 455 , 359 P3d 431 (2015) (explaining that subsection (3) “defines the contours of” and “provides a necessary ingredi- ent of” the definition of the offense, because “[t]he definition of the term ‘concealed’ cannot be satisfied by a firearm that is carried openly in a belt holster” (internal quotation marks omitted)); id. at 455-56 (whether subsection (3) is an element or a properly raised defense, the state must prove beyond a reasonable d…
whether subsection (3) is an element or a properly raised defense, the state must prove beyond a reasonable doubt that the firearm was not carried openly in a belt holster
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State v. Mayo (2020)
Second, the prosecutor may comment on a defen- dant’s failure to present evidence “when the defense raises matters, such as alibi * * *, on which, as a practical matter, the defendant bears the initial burden of production, but fails to present any evidence.” Spieler, 269 Or App at 642 ; see State v. Abram, 273 Or App 449, 456 , 359 P3d 431 (2015) (“Generally, elements of a particular crime must always be proved by the state, while defenses must be disproved only in cases wh…
“Generally, elements of a particular crime must always be proved by the state, while defenses must be disproved only in cases where they are raised by the defendant.”
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State v. Brown (2023)
See Abram, 273 Or App at 456 ; ORS 161.055(1) (“When a ‘defense,’ other than an ‘affirma- tive defense’ as defined in subsection (2) of this section, is raised at trial, the state has the burden of disproving the defense beyond a reasonable doubt.”).