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5 Oregon opinions name it 3 courts 1977–2022 2 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.
| Case | Followed | Cited |
|---|---|---|
State v. Carlislegreen1 sentence2022Justice Duncan’s dissent suggests that our con- struction of the statute creates an incongruity: Under the 1971 code, a defendant who was charged with second degree sexual abuse based on evidence that the victim was men- tally or physically incapable of consenting to the sexual con- tact could have avoided conviction by proving that he did not know of the incapacity, while a comparable defense would have been unavailable to a defendant who was charged with the same offense based on evidence that the victim factually did not consent. 370 Or at 193 (Duncan, J., dissenting). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Premo
green
1 sentence2021Id. at 699-700 . | 1 | 2021–2021 |
Doe v. Reed
green
2 sentences2020In another context, we sidestepped a debate over how to categorize a comparable claim—one that neither sought ‘to strike [the challenged law] in all its applications’ nor was ‘limited to plaintiff’s particular case’—by concluding that ‘[t]he label is not what matters.’ Doe v. Reed, 561 US 186, 194 , 130 S Ct 2811 , 177 L Ed 2d 493 (2010). 2020In another context, we sidestepped a debate over how to categorize a comparable claim—one that neither sought ‘to strike [the challenged law] in all its applications’ nor was ‘limited to plaintiff’s particular case’—by concluding that ‘[t]he label is not what matters.’ Doe v. Reed, 561 US 186, 194 , 130 S Ct 2811 , 177 L Ed 2d 493 (2010). | 1 | 2020–2020 |
State v. Barrett
green
1 sentence2020To hold now, for the first time, that choosing a label changes the meaning of the Constitution would only guarantee a good deal of litigation over labels, with lawyers on each side seeking to classify cases to maximize their Cite as 302 Or App 23 (2020) 59 tactical advantage. | 1 | 2020–2020 |
State v. Baughman
green
1 sentence2016This court recently addressed a comparable challenge in Baughman, 276 Or App 754 . | 1 | 2016–2016 |
Ingraham v. Wright
green
2 sentences1977Ingraham v. Wright, —US—, 97 S Ct 1401, 1409 , 51 L Ed 2d 711 (1977). 1977Ingraham v. Wright, —US—, 97 S Ct 1401, 1409 , 51 L Ed 2d 711 (1977). | 1 | 1977–1977 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.