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5 Oregon opinions name it 2 courts 1988–2023 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 |
|---|---|---|
Wainwright v. Wittgreen1 sentence2016Witherspoon, 391 US at 522 ; see also Witt, 469 US at 424 (question is whether juror’s views would “prevent or substantially impair” performance of duties as juror). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Jackson
green
2 sentences2023Accordingly, the Court held that “[w]hatever the power of Congress to impose the death penalty for violation of the Federal Kidnapping Act, Congress cannot impose such a penalty in a manner that needlessly penalizes the assertion of a constitutional right.” Id. at 583 . 2023Accordingly, the Court held that “[w]hatever the power of Congress to impose the death penalty for violation of the Federal Kidnapping Act, Congress cannot impose such a penalty in a manner that needlessly penalizes the assertion of a constitutional right.” Id. at 583 . | 2 | 2023–2023 |
Hilgert v. Mark Twain/Mercantile Bank
green
1 sentence2017A trial court’s “judgment as to a prospective juror’s ultimate qualifications is entitled to great weight.” State v. Lotches, 331 Or 455, 473 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001). | 1 | 2017–2017 |
State v. Lotches
green
2 sentences2017A trial court’s “judgment as to a prospective juror’s ultimate qualifications is entitled to great weight.” State v. Lotches, 331 Or 455, 473 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001). 2017A trial court’s “judgment as to a prospective juror’s ultimate qualifications is entitled to great weight.” State v. Lotches, 331 Or 455, 473 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001). | 1 | 2017–2017 |
State v. Turnidge
green
1 sentence2017Thus, if “a juror—whether in favor of or against the death penalty on principle—holds such strong ethical or moral views that the juror’s conclusion is effectively foregone, no matter the law or the evidence in the case, that juror may be appropriately excused for cause.” Id. at 411 . | 1 | 2017–2017 |
Witherspoon v. Illinois
green
1 sentence2016Witherspoon, 391 US at 522 ; see also Witt, 469 US at 424 (question is whether juror’s views would “prevent or substantially impair” performance of duties as juror). | 1 | 2016–2016 |
Lowenfield v. Phelps
green
2 sentences1988Although the Supreme Court has had great difficulty in dealing with other aspects of the death penalty, see, e.g., McCleskey v. Kemp, ___ U.S. ___, 107 S.Ct. 1756 , 95 L.Ed.2d 262 (1987) (racially disparate impact of sentences of death) and Lowenfield v. Phelps, ___ U.S. ___, 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988) (degree to which statute defining capital murder sufficiently narrows the pool of death-eligible defendants), it has achieved remarkable unanimity in the development of this part *1208 of the death penalty doctrine. [2] II None of the foregoing necessarily requires holding that the Or 1988Although the Supreme Court has had great difficulty in dealing with other aspects of the death penalty, see, e.g., McCleskey v. Kemp, ___ U.S. ___, 107 S.Ct. 1756 , 95 L.Ed.2d 262 (1987) (racially disparate impact of sentences of death) and Lowenfield v. Phelps, ___ U.S. ___, 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988) (degree to which statute defining capital murder sufficiently narrows the pool of death-eligible defendants), it has achieved remarkable unanimity in the development of this part *1208 of the death penalty doctrine. [2] II None of the foregoing necessarily requires holding that the Or | 1 | 1988–1988 |
McCleskey v. Kemp
green
2 sentences1988Although the Supreme Court has had great difficulty in dealing with other aspects of the death penalty, see, e.g., McCleskey v. Kemp, ___ U.S. ___, 107 S.Ct. 1756 , 95 L.Ed.2d 262 (1987) (racially disparate impact of sentences of death) and Lowenfield v. Phelps, ___ U.S. ___, 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988) (degree to which statute defining capital murder sufficiently narrows the pool of death-eligible defendants), it has achieved remarkable unanimity in the development of this part *1208 of the death penalty doctrine. [2] II None of the foregoing necessarily requires holding that the Or 1988Although the Supreme Court has had great difficulty in dealing with other aspects of the death penalty, see, e.g., McCleskey v. Kemp, ___ U.S. ___, 107 S.Ct. 1756 , 95 L.Ed.2d 262 (1987) (racially disparate impact of sentences of death) and Lowenfield v. Phelps, ___ U.S. ___, 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988) (degree to which statute defining capital murder sufficiently narrows the pool of death-eligible defendants), it has achieved remarkable unanimity in the development of this part *1208 of the death penalty doctrine. [2] II None of the foregoing necessarily requires holding that the Or | 1 | 1988–1988 |
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.
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.