section 20 vagueness argument (Oregon) · Go Syfert
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section 20 vagueness argument in Oregon

9 Oregon opinions name it 2 courts 1993–2020 0 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 (5)

CaseFollowedCited
McNeely v. Oregongreen
scotus · 2000 · cited in 1 Oregon opinions naming this issue, 2019–2019
1 sentence

2019See State v. McNeely, 330 Or 457, 468 , 8 P3d 212 , cert den, 531 US 1055 (2000) (“Defendant’s summary reference to the Eighth and Fourteenth Amendments is insufficient to present any specific federal constitutional argument to this court and, accordingly, we decline to address the issue.”).

11
State v. McNeelygreen
or · 2000 · cited in 1 Oregon opinions naming this issue, 2019–2019
2 sentences

2019See State v. McNeely, 330 Or 457, 468 , 8 P3d 212 , cert den, 531 US 1055 (2000) (“Defendant’s summary reference to the Eighth and Fourteenth Amendments is insufficient to present any specific federal constitutional argument to this court and, accordingly, we decline to address the issue.”).

2019See State v. McNeely, 330 Or 457, 468 , 8 P3d 212 , cert den, 531 US 1055 (2000) (“Defendant’s summary reference to the Eighth and Fourteenth Amendments is insufficient to present any specific federal constitutional argument to this court and, accordingly, we decline to address the issue.”).

11
State v. Cunninghamgreen
or · 1994 · cited in 1 Oregon opinions naming this issue, 2006–2006
2 sentences

2006See State v. Cunningham, 320 Or 47, 65-68 , 880 P2d 431 (1994), cert den, *605 514 US 1005 (1995) (rejecting arguments under Article I, section 20, of Oregon Constitution, and both Eighth and Fourteenth Amendments to United States Constitution).

2006See State v. Cunningham, 320 Or 47, 65-68 , 880 P2d 431 (1994), cert den, *605 514 US 1005 (1995) (rejecting arguments under Article I, section 20, of Oregon Constitution, and both Eighth and Fourteenth Amendments to United States Constitution).

11
Cunningham v. Oregongreen
scotus · 1995 · cited in 1 Oregon opinions naming this issue, 2006–2006
1 sentence

2006See State v. Cunningham, 320 Or 47, 65-68 , 880 P2d 431 (1994), cert den, *605 514 US 1005 (1995) (rejecting arguments under Article I, section 20, of Oregon Constitution, and both Eighth and Fourteenth Amendments to United States Constitution).

11
State v. Gravesgreen
or · 1985 · cited in 1 Oregon opinions naming this issue, 1993–1993
2 sentences

1993State v. Graves, supra, 299 Or at 195 ; State v. Robertson, supra, 293 Or at 407 .

1993State v. Graves, supra, 299 Or. at 195, 700 P.2d 244 ; State v. Robertson, supra, 293 Or. at 407 , 649 P.2d 569 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Hale v. Port of Portland red
or · 1989
2 sentences

1994The Court of Appeals also rejected plaintiffs challenge under Article I, section 20, on the ground that the prohibition against providing special treatment to favored individuals or classes of citizens applies only to a “true class” while the classifications on which plaintiff relied as a basis for *422 the argument under Article I, section 20, were created by statute and not based on “antecedent personal or social characteristics or societal status.” Id. at 227-28 (quoting Hale v. Port of Portland, 308 Or 508, 525 , 783 P2d 506 (1989)).

1994The Court of Appeals also rejected plaintiffs challenge under Article I, section 20, on the ground that the prohibition against providing special treatment to favored individuals or classes of citizens applies only to a “true class” while the classifications on which plaintiff relied as a basis for *422 the argument under Article I, section 20, were created by statute and not based on “antecedent personal or social characteristics or societal status.” Id. at 227-28 (quoting Hale v. Port of Portland, 308 Or 508, 525 , 783 P2d 506 (1989)).

21994–2006
State v. Savastano green
or · 2013
2 sentences

2020An executive official’s decision will be defensible when there is a rational explanation for the differential treatment that is reasonably related to the official’s task or to the person’s individual situation.” State v. Savastano, 354 Or 64, 96 , 309 P3d 1083 (2013) (internal citations, quotation marks, and alterations omitted). *791 Defendant’s individual-based argument under Article I, section 20, is similar to his class-based claim inso- far as he argues that the privilege of being exempted from sex offender reporting was denied to him but is available to others in similar situations.

2020An executive official’s decision will be defensible when there is a rational explanation for the differential treatment that is reasonably related to the official’s task or to the person’s individual situation.” State v. Savastano, 354 Or 64, 96 , 309 P3d 1083 (2013) (internal citations, quotation marks, and alterations omitted). *791 Defendant’s individual-based argument under Article I, section 20, is similar to his class-based claim inso- far as he argues that the privilege of being exempted from sex offender reporting was denied to him but is available to others in similar situations.

12020–2020
State v. Clark green
or · 1981
1 sentence

2003He contends that the board has “applied a law so as to * * * deny privileges or immunities to an individual person without legitimate reasons related to that person’s individual situation.” Id. at 239 .

12003–2003
In Re the Marriage of Crocker green
or · 2001
2 sentences

2001Article I, section 20, provides: “No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.” The Oregon Supreme Court has recently announced: *475 “An equal privileges analysis in this context under Article I, section 20, requires us to determine: (1) whether the legislature had authority to act; (2) whether one class of persons receives privileges that the other does not; and (3) whether the disparate treatment had a rational basis.” Crocker and Crocker, 332 Or 42, 54 , 22 P3d 759 (2001)

2001Article I, section 20, provides: “No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.” The Oregon Supreme Court has recently announced: *475 “An equal privileges analysis in this context under Article I, section 20, requires us to determine: (1) whether the legislature had authority to act; (2) whether one class of persons receives privileges that the other does not; and (3) whether the disparate treatment had a rational basis.” Crocker and Crocker, 332 Or 42, 54 , 22 P3d 759 (2001)

12001–2001
Ag West Supply v. Hall yellow
orctapp · 1994
1 sentence

1997Id. *127 As with its equal protection argument, plaintiff also asserts that ORS 377.756 violates Article I, section 20, because it grants civic or nonprofit applicants a “special privilege” by allowing them to “get permits to display any speech they want.” For the same reasons that we rejected plaintiffs equal protection claim, 150 Or App at 124-25, we decline to address its argument under Article I, section 20.

11997–1997
Neher v. Chartier green
orctapp · 1993
1 sentence

1994The Court of Appeals also rejected plaintiffs challenge under Article I, section 20, on the ground that the prohibition against providing special treatment to favored individuals or classes of citizens applies only to a “true class” while the classifications on which plaintiff relied as a basis for *422 the argument under Article I, section 20, were created by statute and not based on “antecedent personal or social characteristics or societal status.” Id. at 227-28 (quoting Hale v. Port of Portland, 308 Or 508, 525 , 783 P2d 506 (1989)).

11994–1994
State v. Robertson green
or · 1982
2 sentences

1993State v. Graves, supra, 299 Or at 195 ; State v. Robertson, supra, 293 Or at 407 .

1993State v. Graves, supra, 299 Or. at 195, 700 P.2d 244 ; State v. Robertson, supra, 293 Or. at 407 , 649 P.2d 569 .

11993–1993

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