harmless error (Oregon) · Go Syfert
← Oregon issues

harmless error in Oregon

182 Oregon opinions name it 4 courts 1917–2026 82 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 (36)

CaseFollowedCited
State v. Hortongreen
orctapp · 2023 · cited in 22 Oregon opinions naming this issue, 2023–2025
2 sentences

2025We cannot reverse a judgment based on a harmless error, so if the error was truly ‘harmless,’ then we have no discretion and must affirm.” State v. Horton, 327 Or App 256, 262 , 535 P3d 338 (2023); see also State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003) (“Oregon’s constitutional test for affirmance despite error consists of a single inquiry: Is there little likelihood that the particular error affected the verdict?”); State v. M.

2025We cannot reverse a judgment based on a harmless error, so if the error was truly ‘harmless,’ then we have no discretion and must affirm.” State v. Horton, 327 Or App 256, 262 , 535 P3d 338 (2023); see also State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003) (“Oregon’s constitutional test for affirmance despite error consists of a single inquiry: Is there little likelihood that the particular error affected the verdict?”); State v. M.

1122
State v. Davisgreen
or · 2003 · cited in 36 Oregon opinions naming this issue, 2010–2025
2 sentences

2025We cannot reverse a judgment based on a harmless error, so if the error was truly ‘harmless,’ then we have no discretion and must affirm.” State v. Horton, 327 Or App 256, 262 , 535 P3d 338 (2023); see also State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003) (“Oregon’s constitutional test for affirmance despite error consists of a single inquiry: Is there little likelihood that the particular error affected the verdict?”); State v. M.

2025We cannot reverse a judgment based on a harmless error, so if the error was truly ‘harmless,’ then we have no discretion and must affirm.” State v. Horton, 327 Or App 256, 262 , 535 P3d 338 (2023); see also State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003) (“Oregon’s constitutional test for affirmance despite error consists of a single inquiry: Is there little likelihood that the particular error affected the verdict?”); State v. M.

1036
Arizona v. Fulminantegreen
scotus · 1991 · cited in 6 Oregon opinions naming this issue, 1991–2020
2 sentences

2020The Court recognized that “an involuntary confession may have a more dramatic effect on the course of a trial than do other trial errors—in partic- ular cases it may be devastating to a defendant—but this simply means that a reviewing court will conclude in such a case that its admission was not harmless error; it is not a reason for eschewing the harmless-error test entirely.” Fulminante, 499 US at 312 .

2020Erosion of Public Confidence Finally, defendant argues that a nonunanimous jury instruction constitutes structural error because it “erodes public confidence in the jury-trial right.” However, the Supreme Court has emphasized that “the harmless-error doctrine is essential to preserve the ‘principle that the central purpose of a criminal trial is to decide the factual question of the defendant’s guilt or innocence, and promotes public respect for the criminal process by focusing on the underlying fairness of the trial rather than on the virtually inevitable presence of immaterial error.’ ” Fulm

36
Delaware v. Van Arsdallgreen
scotus · 1986 · cited in 4 Oregon opinions naming this issue, 1996–2020
2 sentences

2020Erosion of Public Confidence Finally, defendant argues that a nonunanimous jury instruction constitutes structural error because it “erodes public confidence in the jury-trial right.” However, the Supreme Court has emphasized that “the harmless-error doctrine is essential to preserve the ‘principle that the central purpose of a criminal trial is to decide the factual question of the defendant’s guilt or innocence, and promotes public respect for the criminal process by focusing on the underlying fairness of the trial rather than on the virtually inevitable presence of immaterial error.’ ” Fulm

2008Although some errors are subject to automatic reversal under federal law, Neder v. US, 527 US 1, 8 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999), violations of a defendant’s Sixth Amendment confrontation right are subject to a harmless error review, Delaware v. Van Arsdall, 475 US 673, 684 , 106 S Ct 1431 , 89 L Ed 2d 674 (1986) (“Accordingly, we hold that the constitutionally improper denial of a defendant’s opportunity to impeach a witness for bias, like other Confrontation Clause errors, is subject to Chapman harmless-error analysis.”); see also State v. Cook, 340 Or 530, 543-44 ,135 P3d 260 *275

34
State v. Perkinsgreen
orctapp · 2023 · cited in 3 Oregon opinions naming this issue, 2023–2024
2 sentences

2024See State v. Horton, 327 Or App 256, 262 , 535 P3d 338 (2023) (“We cannot reverse a judgment based on a harmless error, so if the error was truly ‘harmless,’ then we have no discretion and must affirm” as to that challenge); see also State v. Perkins, 325 Or App 624 , 529 P3d 999 (2023) (establishing the beyond-a-reasonable-doubt standard).

2024See State v. Horton, 327 Or App 256, 262 , 535 P3d 338 (2023) (“We cannot reverse a judgment based on a harmless error, so if the error was truly ‘harmless,’ then we have no discretion and must affirm” as to that challenge); see also State v. Perkins, 325 Or App 624 , 529 P3d 999 (2023) (establishing the beyond-a-reasonable-doubt standard).

33
State v. Dinsmoregreen
orctapp · 2002 · cited in 7 Oregon opinions naming this issue, 2012–2021
2 sentences

2016See State v. Dinsmore, 182 Or App 505, 519 , 49 P3d 830 (2002) (explaining that “[e]mploying a harmless error analysis would defeat [defendant’s] statutory right [under ORS 135.335(3)].

2016See State v. Dinsmore, 182 Or App 505, 519 , 49 P3d 830 (2002) (explaining that “[e]mploying a harmless error analysis would defeat [defendant’s] statutory right [under ORS 135.335(3)].

27
State v. Zaldana-Mendozagreen
orctapp · 2019 · cited in 6 Oregon opinions naming this issue, 2023–2025
2 sentences

2025See, e.g., State v. Zaldana-Mendoza, 299 Or App 590, 613 , 450 P3d 983 (2019) (explaining that when conducting a harmless-error analysis, “we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the evidence”).

2025See, e.g., State v. Zaldana-Mendoza, 299 Or App 590, 613 , 450 P3d 983 (2019) (explaining that when conducting a harmless-error analysis, “we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the evidence”).

26
State v. Leachgreen
orctapp · 2018 · cited in 5 Oregon opinions naming this issue, 2019–2025
2 sentences

2025See State v. Leach, 294 Or App 639, 646 , 432 P3d 310 (2018) (explaining that we have consistently declined to engage in a harmless error analysis in appeals arising from conditional pleas under ORS 135.335(3)).

2025See State v. Leach, 294 Or App 639, 646 , 432 P3d 310 (2018) (explaining that we have consistently declined to engage in a harmless error analysis in appeals arising from conditional pleas under ORS 135.335(3)).

25
State v. Garciagreen
orctapp · 2017 · cited in 5 Oregon opinions naming this issue, 2023–2024
2 sentences

2024An “error is harmless if there is little likelihood that the error affected the verdict or substantially affected the defendant’s rights.” State v. Garcia, 284 Or App 357, 363 , 392 P3d 815 , rev den, 361 Or 645 (2017).

2024An “error is harmless if there is little likelihood that the error affected the verdict or substantially affected the defendant’s rights.” State v. Garcia, 284 Or App 357, 363 , 392 P3d 815 , rev den, 361 Or 645 (2017).

25
State v. Waltongreen
or · 1991 · cited in 5 Oregon opinions naming this issue, 1993–2011
2 sentences

2003The corroboration is sufficient for the statements to be admissible, and the trial court erred in excluding them. [7] We turn to whether the trial court's error affected defendant's substantial rights—that is, whether or not it was harmless. [8] OEC 103(1)(b). [9] Defendant, relying on State v. Joslin, 332 Or. 373, 387 , 29 P.3d 1112 (2001), states the standard for harmless error as whether there is "`(1) substantial and compelling evidence of guilt * * *, and (2) little, if any, likelihood that the error affected the verdict.'" (Quoting State v. Walton, 311 Or. 223, 230 , 809 P.2d 81 (1991).)

2003The corroboration is sufficient for the statements to be admissible, and the trial court erred in excluding them. [7] We turn to whether the trial court's error affected defendant's substantial rights—that is, whether or not it was harmless. [8] OEC 103(1)(b). [9] Defendant, relying on State v. Joslin, 332 Or. 373, 387 , 29 P.3d 1112 (2001), states the standard for harmless error as whether there is "`(1) substantial and compelling evidence of guilt * * *, and (2) little, if any, likelihood that the error affected the verdict.'" (Quoting State v. Walton, 311 Or. 223, 230 , 809 P.2d 81 (1991).)

25
State v. Klontzgreen
orctapp · 2013 · cited in 3 Oregon opinions naming this issue, 2017–2017
2 sentences

2017See State v. Klontz, 257 Or App 684, 702-03 , 308 P3d 214 (2013) (concluding that the harmless error analysis in a bench trial where the trial court failed to mention contested evidence when explaining its disposition is “contextually driven” and that we must ask “ [w] as the disputed evidence ultimately material to the resolution of issues disputed at trial?”).

2017See State v. Klontz, 257 Or App 684, 702-03 , 308 P3d 214 (2013) (concluding that the harmless error analysis in a bench trial where the trial court failed to mention contested evidence when explaining its disposition is “contextually driven” and that we must ask “ [w] as the disputed evidence ultimately material to the resolution of issues disputed at trial?”).

23
State v. Pagegreen
orctapp · 2018 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See, e.g., State v. Page, 290 Or App 562, 567 , 415 P3d 1139 (2018) (so stating and observ- ing that the legislature left the choice to the defendant to withdraw the conditional plea).

2025See, e.g., State v. Page, 290 Or App 562, 567 , 415 P3d 1139 (2018) (so stating and observ- ing that the legislature left the choice to the defendant to withdraw the conditional plea).

22
State v. Sanchez-Alfonsogreen
or · 2012 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See State v. Sanchez-Alfonso, 352 Or 790, 807-08 , 293 P3d 1011 (2012) (declining to “speculate about what may have happened if the case had been tried otherwise” in the harmless error analysis).

2025See State v. Sanchez-Alfonso, 352 Or 790, 807-08 , 293 P3d 1011 (2012) (declining to “speculate about what may have happened if the case had been tried otherwise” in the harmless error analysis).

22
Washington v. Recuencogreen
scotus · 2006 · cited in 2 Oregon opinions naming this issue, 2023–2023
22
State v. Hernandezgreen
kan · 2012 · cited in 2 Oregon opinions naming this issue, 2023–2023
2 sentences

2023See Hernandez, 294 Kan at 208, 273 P3d at 779 (“When the trial record shows evidence of age that was overwhelming and essentially uncontroverted, the failure to give the jury an instruction on the element of age * * * may be harmless.”); see also Washington v. Recuenco, 548 US 212 , 126 S Ct 2546 , 165 L Ed 2d 466 (2006) (holding that the failure to submit a sentencing factor to the jury under Apprendi is not struc- tural error and is subject to a harmless-error analysis).

2023See Hernandez, 294 Kan at 208, 273 P3d at 779 (“When the trial record shows evidence of age that was overwhelming and essentially uncontroverted, the failure to give the jury an instruction on the element of age * * * may be harmless.”); see also Washington v. Recuenco, 548 US 212 , 126 S Ct 2546 , 165 L Ed 2d 466 (2006) (holding that the failure to submit a sentencing factor to the jury under Apprendi is not struc- tural error and is subject to a harmless-error analysis).

22
State v. Ashkinsgreen
or · 2015 · cited in 2 Oregon opinions naming this issue, 2020–2023
22
State v. Inmangreen
orctapp · 2015 · cited in 2 Oregon opinions naming this issue, 2023–2023
22
Montara Owners Assn. v. La Noue Development, LLCgreen
or · 2015 · cited in 2 Oregon opinions naming this issue, 2023–2023
22
State v. Mendoza-Sanchezgreen
orctapp · 2018 · cited in 2 Oregon opinions naming this issue, 2022–2022
22
State v. Lowellgreen
orctapp · 2015 · cited in 2 Oregon opinions naming this issue, 2022–2022
22
State v. Cookgreen
or · 2006 · cited in 2 Oregon opinions naming this issue, 2007–2008
22
State v. Colegreen
or · 1996 · cited in 3 Oregon opinions naming this issue, 2000–2005
2 sentences

2005In State v. Cole, 323 Or 30 , 912 P2d 907 (1996), the court declined to apply a harmless error analysis in the context of a waiver of counsel where the defendant was not sufficiently apprised of the risks of representing himself at a suppression hearing as required by Meyrick .

2005In State v. Cole, 323 Or 30 , 912 P2d 907 (1996), the court declined to apply a harmless error analysis in the context of a waiver of counsel where the defendant was not sufficiently apprised of the risks of representing himself at a suppression hearing as required by Meyrick .

13
Rose v. Clarkgreen
scotus · 1986 · cited in 3 Oregon opinions naming this issue, 1991–1995
2 sentences

1995Harmless-error analysis thus presupposes a trial, at which the defendant, represented by counsel, may present evidence and argument before an impartial judge and jury.” Rose, 478 US at 577-78 , 92 L Ed 2d at 470 (citations omitted).

1995Harmless-error analysis thus presupposes a trial, at which the defendant, represented by counsel, may present evidence and argument before an impartial judge and jury." Rose, 478 U.S. at 577-78 , 106 S.Ct. at 3106 , 92 L.Ed.2d at 470 (citations omitted).

13
State v. Sperougreen
or · 2019 · cited in 2 Oregon opinions naming this issue, 2026–2026
2 sentences

2026See State v. Sperou, 365 Or 121, 140 , 442 P3d 581 (2019) (holding that the trial court’s error in denying a defendant’s pretrial motion to exclude vouching testimony was not a harmless error, and noting that, “[i]n general, wit- ness vouching in Oregon is considered prejudicial, so much so in fact that it sometimes requires intervention by the trial court even when parties fail to object to it”); State v. Milbradt, 305 Or 621, 630 , 756 P2d 620 (1988) (suggesting that, if a question seeks to elicit vouching testimony, “the trial judge, sua sponte, should summarily cut off the inquiry before a

2026See State v. Sperou, 365 Or 121, 140 , 442 P3d 581 (2019) (holding that the trial court’s error in denying a defendant’s pretrial motion to exclude vouching testimony was not a harmless error, and noting that, “[i]n general, wit- ness vouching in Oregon is considered prejudicial, so much so in fact that it sometimes requires intervention by the trial court even when parties fail to object to it”); State v. Milbradt, 305 Or 621, 630 , 756 P2d 620 (1988) (suggesting that, if a question seeks to elicit vouching testimony, “the trial judge, sua sponte, should summarily cut off the inquiry before a

12
State v. Simongreen
orctapp · 2018 · cited in 2 Oregon opinions naming this issue, 2019–2022
12
Graham v. Howtongreen
or · 2009 · cited in 2 Oregon opinions naming this issue, 2014–2016
12
State v. Hansengreen
or · 1987 · cited in 2 Oregon opinions naming this issue, 1992–2011
12
State v. Cunninghamgreen
orctapp · 2002 · cited in 2 Oregon opinions naming this issue, 2002–2003
12
State v. Vanornumgreen
or · 2013 · cited in 1 Oregon opinions naming this issue, 2025–2025
11
State v. Wyattgreen
or · 2000 · cited in 1 Oregon opinions naming this issue, 2024–2024
11
Superior Protection, Inc. v. National Labor Relations Boardgreen
scotus · 2005 · cited in 1 Oregon opinions naming this issue, 2023–2023
11
State v. McKinney/Shiffergreen
or · 2022 · cited in 1 Oregon opinions naming this issue, 2023–2023
11
State v. Rusengreen
or · 2022 · cited in 1 Oregon opinions naming this issue, 2023–2023
11
Ryan v. Palmateergreen
or · 2005 · cited in 1 Oregon opinions naming this issue, 2023–2023
11
State v. Antoinegreen
orctapp · 2015 · cited in 1 Oregon opinions naming this issue, 2023–2023
11
State v. Paynegreen
or · 2020 · cited in 1 Oregon opinions naming this issue, 2022–2022
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 (44)

CaseCitedYears
State v. Parker green
or · 1993
2 sentences

2021Under the harmless- error doctrine, we will affirm despite the error if “there is little likelihood that a particular error affected the verdict.” Davis, 336 Or at 32 (quoting State v. Parker, 317 Or 225 , 234 n 10, 855 P2d 636 (1993)) (internal quotation marks, brackets, and ellipses in Davis omitted); see also OEC 103 (stating that evidential error is not presumed prejudicial and that error may not be predicated upon a ruling to admit or exclude evidence unless a substantial right has been affected).

2021Under the harmless- error doctrine, we will affirm despite the error if “there is little likelihood that a particular error affected the verdict.” Davis, 336 Or at 32 (quoting State v. Parker, 317 Or 225 , 234 n 10, 855 P2d 636 (1993)) (internal quotation marks, brackets, and ellipses in Davis omitted); see also OEC 103 (stating that evidential error is not presumed prejudicial and that error may not be predicated upon a ruling to admit or exclude evidence unless a substantial right has been affected).

61994–2021
State v. McGinnis green
or · 2003
2 sentences

2023As the state notes, in State v. McGinnis, 335 Or 243, 247 , 64 P3d 1123 (2003), the court considered, and rejected, a defen- dant’s argument that the court “adopt a rule that precludes consideration of a defendant’s trial testimony in a harmless error review when the defendant’s tes- timony was compelled to rebut illegally admitted evidence.” The court concluded that any such rule could not be invoked “unless the evidence the defendant sought to rebut by taking the stand was an inadmissible confession, not evidence of some other kind, even if that evidence was obtained illegally.” Id. at 253 .

2023As the state notes, in State v. McGinnis, 335 Or 243, 247 , 64 P3d 1123 (2003), the court considered, and rejected, a defen- dant’s argument that the court “adopt a rule that precludes consideration of a defendant’s trial testimony in a harmless error review when the defendant’s tes- timony was compelled to rebut illegally admitted evidence.” The court concluded that any such rule could not be invoked “unless the evidence the defendant sought to rebut by taking the stand was an inadmissible confession, not evidence of some other kind, even if that evidence was obtained illegally.” Id. at 253 .

42006–2023
Chapman v. California red
scotus · 1967
2 sentences

2020Assuming that a harmless error analysis applies, the receipt of a nonunanimous verdict cannot be found “harmless beyond a reasonable doubt.” Chapman v. Cite as 366 Or 500 (2020) 505 California, 386 US 18, 24 , 87 S Ct 824 , 17 L Ed 2d 705 (1967) (setting forth the harmless error standard applicable to violations of the federal constitution).

2020Assuming that a harmless error analysis applies, the receipt of a nonunanimous verdict cannot be found “harmless beyond a reasonable doubt.” Chapman v. Cite as 366 Or 500 (2020) 505 California, 386 US 18, 24 , 87 S Ct 824 , 17 L Ed 2d 705 (1967) (setting forth the harmless error standard applicable to violations of the federal constitution).

41993–2020
Neder v. United States green
scotus · 1999
2 sentences

2025Neder v. United States, 527 US 1, 18 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (stating the harmless error standard applicable to violations of the Sixth Amendment jury-trial right).

2025Neder v. United States, 527 US 1, 18 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (stating the harmless error standard applicable to violations of the Sixth Amendment jury-trial right).

32008–2025
State v. Holbrook green
or · 2007
2 sentences

2009State v. Ennis, 212 Or App 240, 262 , 158 P3d 510 , rev den, 343 Or 223 (2007).

2008In determining whether an evidentiary error is harmless, a reviewing court should consider “the importance of the evidence, whether the evidence was cumulative, the presence or absence of evidence corroborating or contradicting the evidence, and the overall strength of the prosecution’s case.” State v. Ennis, 212 Or App 240, 262 , 158 P3d 510 , rev den, 343 Or 223 (2007) (citing Van Arsdall, 475 US at 684 ; Cook, 340 Or at 544 ).

32007–2009
State v. Ennis green
orctapp · 2007
2 sentences

2009State v. Ennis, 212 Or App 240, 262 , 158 P3d 510 , rev den, 343 Or 223 (2007).

2009State v. Ennis, 212 Or App 240, 262 , 158 P3d 510 , rev den, 343 Or 223 (2007).

32007–2009
State v. Van Hooser green
or · 1973
2 sentences

1979I am unable, however, to agree with the flat application of the harmless error rule of State v. Van Hooser, 266 Or. 19 , 511 P.2d 359 (1973), at least without further analysis than the majority affords the question.

1979I am unable, however, to agree with the flat application of the harmless error rule of State v. Van Hooser, 266 Or. 19 , 511 P.2d 359 (1973), at least without further analysis than the majority affords the question.

31979–1982
State v. G. K. S. green
orctapp · 2025
2 sentences

2025Although not framed as a harmless error argument, the gravamen of the state’s argument is that we should affirm the adjudication for fourth-degree assault on an aiding and abetting theory because the court could have accomplished precisely what it ended up doing even though it failed to grant youth’s Cite as 337 Or App 535 (2025) 541 motion to dismiss.

2025Although not framed as a harmless error argument, the gravamen of the state’s argument is that we should affirm the adjudication for fourth-degree assault on an aiding and abetting theory because the court could have accomplished precisely what it ended up doing even though it failed to grant youth’s Cite as 337 Or App 535 (2025) 541 motion to dismiss.

22025–2025
State v. Lander neutral
orctapp · 2025
2 sentences

2025Viewing the record as a whole—given the evidence presented, defendant’s theory of the case, and the instruc- tions that were given—we conclude that the likelihood that Nonprecedential Memo Op: 339 Or App 641 (2025) 645 the trial court’s alleged instructional error effected the ver- dict is extremely low.

2025Viewing the record as a whole—given the evidence presented, defendant’s theory of the case, and the instruc- tions that were given—we conclude that the likelihood that Nonprecedential Memo Op: 339 Or App 641 (2025) 645 the trial court’s alleged instructional error effected the ver- dict is extremely low.

22025–2025
State v. M. T. F. green
orctapp · 2023
2 sentences

2025F., 326 Or App 371, 380 , 532 P3d 913 , rev den, 371 Or 476 (2023) (applying the harmless error analysis in a delinquency case).

2025F., 326 Or App 371, 380 , 532 P3d 913 , rev den, 371 Or 476 (2023) (applying the harmless error analysis in a delinquency case).

22025–2025
State v. Leckenby green
orctapp · 2005
2 sentences

2025Cf. State v. Leckenby, 200 Or App 684, 690 , 117 P3d 273 (2005) (failure to instruct on a lesser- included offense is not a harmless error because “the jury did not have a complete statement of the law that applied to the case” and that may have impacted the outcome).1 1 The state argues any error is harmless because evidence supports instruc- tion on the choice-of-evils defense only for the acquitted escape charge and not defendant’s attempt-to-elude charge.

2025Cf. State v. Leckenby, 200 Or App 684, 690 , 117 P3d 273 (2005) (failure to instruct on a lesser- included offense is not a harmless error because “the jury did not have a complete statement of the law that applied to the case” and that may have impacted the outcome).1 1 The state argues any error is harmless because evidence supports instruc- tion on the choice-of-evils defense only for the acquitted escape charge and not defendant’s attempt-to-elude charge.

22012–2025
State v. Martineau green
orctapp · 2019
2 sentences

2024State v. Martineau, 300 Or App 784, 790-91 , 455 P3d 1020 (2019) (internal quotation marks omitted).

2019Cite as 300 Or App 784 (2019) 791 State v. Blanchard, 236 Or App 472, 476 , 236 P3d 845 (2010) (“Under the Sixth Amendment, a court’s denial of a defen- dant’s right to be self-represented is ‘structural error’ that is not subject to harmless error analysis.” (Quoting United States v. Gonzalez-Lopez, 548 US 140, 149-50 , 126 S Ct 2557 , 165 L Ed 2d 409 (2006); McKaskle v. Wiggins, 465 US 168 , 177-78 n 8, 104 S Ct 944 , 79 L Ed 2d 122 (1984).)); Miller, 254 Or App at 524 (reversing for a new trial without conducting a harmless error analysis).

22019–2024
State v. Joyce green
orctapp · 2024
2 sentences

2024As we recently explained, “[e]rror regarding a defendant’s state constitutional right to self-representation is subject to the harmless error doc- trine, which precludes reversal if there is little likelihood that the particular error affected the verdict.” State v. Joyce, 332 Or App 580, 582 , 549 P3d 581 (2024) (internal quotation marks omitted).

2024As we recently explained, “[e]rror regarding a defendant’s state constitutional right to self-representation is subject to the harmless error doc- trine, which precludes reversal if there is little likelihood that the particular error affected the verdict.” State v. Joyce, 332 Or App 580, 582 , 549 P3d 581 (2024) (internal quotation marks omitted).

22024–2024
Portfolio Recovery Assocs., LLC v. Sanders green
or · 2019
22023–2023
Salinas v. Dillman green
scotus · 2011
22017–2023
State v. Ramoz green
or · 2021
22023–2023
State v. Delaney green
or · 2022
22023–2023
State v. Moore/Coen green
or · 2010
22017–2023
State v. Flores Ramos green
or · 2020
22021–2022
State v. Stewart green
orctapp · 2015
22022–2022
Schneble v. Florida green
scotus · 1972
22020–2021
State v. Blanchard green
orctapp · 2010
22019–2019
State v. Marks green
orctapp · 2017
22017–2018
State v. Maiden green
orctapp · 2008
22014–2016
State v. Ashkins neutral
orctapp · 2014
22015–2015
Rushen v. Spain green
scotus · 1983
21991–1996
State v. Woodford green
orctapp · 2018
12026–2026
State v. Milbradt green
or · 1988
12026–2026
State v. Johnson neutral
orctapp · 2025
12025–2025
State v. Rudolph neutral
orctapp · 2024
12024–2024
State v. McGaughey neutral
orctapp · 2024
12024–2024
Ramirez v. Northwest Renal Clinic green
orctapp · 2014
12024–2024
State v. Dye green
orctapp · 2023
12023–2023
O'Donnell v. Johnson green
scotus · 2000
12023–2023
State v. Green green
or · 1975
12023–2023
State v. Davis-McCoy green
orctapp · 2019
12023–2023
State v. Meighan green
orctapp · 2023
12023–2023
State v. Serrano (A173250) green
orctapp · 2023
12023–2023
State v. Serrano neutral
orctapp · 2023
12023–2023
State v. Barone green
or · 1999
12023–2023

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 161.085 (18) OR § Or. Rev. Stat. § 163.160 (16) OR § Or. Rev. Stat. § 163.427 (16) OR § Or. Rev. Stat. § 813.010 (16) OR § Or. Rev. Stat. § 163.115 (13) OR § Or. Rev. Stat. § 132.560 (12) OR § Or. Rev. Stat. § 164.135 (11) OR § Or. Rev. Stat. § 135.335 (10) OR § Or. Rev. Stat. § 166.270 (10) OR § Or. Rev. Stat. § 162.315 (9) OR § Or. Rev. Stat. § 166.220 (9) OR § Or. Rev. Stat. § 475.894 (9)

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.

Where else courts name it

CA 1559 (1892–2026) FL 1431 (1891–2026) TX 1327 (1912–2026) PA 804 (1930–2026) LA 746 (1931–2026) IL 690 (1891–2026) WA 558 (1931–2026) OH 462 (1968–2026) WI 393 (1964–2026) AL 387 (1909–2026) MI 380 (1912–2026) TN 369 (1959–2026) KS 308 (1969–2026) IN 290 (1872–2026) NY 274 (1889–2026) VA 273 (1897–2026) CO 259 (1891–2026) ID 253 (1915–2026) NJ 241 (1900–2026) MS 239 (1968–2026) GA 237 (1903–2026) MN 229 (1940–2026) SC 225 (1977–2026) CT 225 (1970–2026) MD 212 (1961–2026) AZ 188 (1927–2026) OR 182 (1917–2026) DC 180 (1976–2026) NC 158 (1949–2026) NE 155 (1920–2025) NM 148 (1886–2026) KY 137 (1933–2026) OK 132 (1913–2024) IA 121 (1971–2026) WV 105 (1893–2026) AR 97 (1905–2026) UT 93 (1923–2025) WY 91 (1971–2025) NV 88 (1965–2026) MA 78 (1912–2025) ND 75 (1971–2025) MO 74 (1902–2023) HI 72 (1974–2026) RI 71 (1971–2026) MT 63 (1978–2026) VT 59 (1980–2026) NH 58 (1978–2026) AK 55 (1968–2020) ME 55 (1972–2026) SD 45 (1972–2026) DE 40 (1973–2025) VI 22 (2002–2017) GU 11 (2021–2025) MP 4 (1995–1996) PR 3 (1912–2025)

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.

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