Bartz analysis (Oregon) · Go Syfert
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Bartz analysis in Oregon

5 Oregon opinions name it 1 courts 2001–2021 1 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Brown v. Baldwingreen
orctapp · 1994 · cited in 5 Oregon opinions naming this issue, 2001–2021
2 sentences

2018We explained that trial counsel's "active misrepresentation" was "irrelevant to the Bartz analysis": " Bartz makes it clear that the applicability of the escape clause turns on whether the information existed or was reasonably available to the petitioner , and not on whether the petitioner's failure to seek the information was reasonable." Id. at 361 , 885 P.2d 707 (emphasis in Brown ).

2018We explained that trial counsel's "active misrepresentation" was "irrelevant to the Bartz analysis": " Bartz makes it clear that the applicability of the escape clause turns on whether the information existed or was reasonably available to the petitioner , and not on whether the petitioner's failure to seek the information was reasonable." Id. at 361 , 885 P.2d 707 (emphasis in Brown ).

25
Bartz v. State of Oregongreen
or · 1992 · cited in 1 Oregon opinions naming this issue, 2021–2021
2 sentences

2021We rejected that argument on the ground that the reasonableness of the petitioner’s reliance on the advice of his lawyer was “irrelevant to the Bartz analysis” because “Bartz makes it clear that the applicability of the escape clause turns on whether the information existed or was reasonably available to the petitioner, and not on whether the petitioner’s failure to seek the information was reasonable.” Id. at 361 (emphasis omitted).

2021We rejected that argument on the ground that the reasonableness of the petitioner’s reliance on the advice of his lawyer was “irrelevant to the Bartz analysis” because “Bartz makes it clear that the applicability of the escape clause turns on whether the information existed or was reasonably available to the petitioner, and not on whether the petitioner’s failure to seek the information was reasonable.” Id. at 361 (emphasis omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 138.510 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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