subject of the requested instruction in Oregon

25 Oregon opinions name it 2 courts 1993–2025 4 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)

Case	Followed	Cited
State v. Tuckergreen or · 1993 · cited in 19 Oregon opinions naming this issue, 1993–2025 2 sentences 2025See, e.g., State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.”); State v. Leers, 316 Or App 762, 770 , 502 P3d 1130 , rev den, 369 Or 733 (2022) (“A trial court does not err in refusing to give a proposed instruc- tion—even if the proposed instruction is legally correct—if the substance of the requested instruction is covered fully by other jury instructions or if the requested ins 2025See, e.g., State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.”); State v. Leers, 316 Or App 762, 770 , 502 P3d 1130 , rev den, 369 Or 733 (2022) (“A trial court does not err in refusing to give a proposed instruc- tion—even if the proposed instruction is legally correct—if the substance of the requested instruction is covered fully by other jury instructions or if the requested ins	8	19
State v. Montezgreen or · 1996 · cited in 3 Oregon opinions naming this issue, 1999–2018 2 sentences 2018State v. Barnes , 329 Or. 327 , 334, 986 P.2d 1160 (1999) ; see also State v. Montez , 324 Or. 343 , 362, 927 P.2d 64 (1996) (refusal to give requested jury instruction not erroneous if instruction given by court "adequately addresses the subject of the requested instruction"). 2018State v. Barnes , 329 Or. 327 , 334, 986 P.2d 1160 (1999) ; see also State v. Montez , 324 Or. 343 , 362, 927 P.2d 64 (1996) (refusal to give requested jury instruction not erroneous if instruction given by court "adequately addresses the subject of the requested instruction").	3	3
State v. Ashkinsgreen or · 2015 · cited in 1 Oregon opinions naming this issue, 2021–2021 2 sentences 2021See State v. Ashkins, 357 Or 642, 648 , 357 P3d 490 (2015) (explaining that a trial court is not required to give a requested instruction if another instruction adequately addresses the issue); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although not in the form requested, ade- quately covers the subject of the requested instruction.”). 2021See State v. Ashkins, 357 Or 642, 648 , 357 P3d 490 (2015) (explaining that a trial court is not required to give a requested instruction if another instruction adequately addresses the issue); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although not in the form requested, ade- quately covers the subject of the requested instruction.”).	1	1
Ossanna v. Nike, Inc.green or · 2019 · cited in 1 Oregon opinions naming this issue, 2020–2020 1 sentence 2020First, a party is not entitled to a requested instruction if the given instructions “adequately address[ ] the issue.” Ossanna, 365 Or at 213 (internal quotation marks omitted); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.”).	1	1
State v. Woodmangreen orctapp · 2004 · cited in 1 Oregon opinions naming this issue, 2006–2006 1 sentence 2006The Court of Appeals first observed that “[a] refusal to give a requested instruction is not error if the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.” Woodman, 195 Or App at 395 (internal citation and quotation marks omitted).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

Case	Cited	Years
State v. Leers green orctapp · 2022 2 sentences 2025See, e.g., State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.”); State v. Leers, 316 Or App 762, 770 , 502 P3d 1130 , rev den, 369 Or 733 (2022) (“A trial court does not err in refusing to give a proposed instruc- tion—even if the proposed instruction is legally correct—if the substance of the requested instruction is covered fully by other jury instructions or if the requested ins 2025See, e.g., State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.”); State v. Leers, 316 Or App 762, 770 , 502 P3d 1130 , rev den, 369 Or 733 (2022) (“A trial court does not err in refusing to give a proposed instruc- tion—even if the proposed instruction is legally correct—if the substance of the requested instruction is covered fully by other jury instructions or if the requested ins	2	2025–2025
State v. Pedersen green orctapp · 2011 2 sentences 2025A trial court’s ruling on jury instructions “is not error * * * if the instruc- tion given by the court, although not in the form requested, adequately covers the subject of the requested instruction.” State v. Pedersen, 242 Or App 305, 315 , 255 P3d 556 , rev den, 351 Or 254 (2011). 2025A trial court’s ruling on jury instructions “is not error * * * if the instruc- tion given by the court, although not in the form requested, adequately covers the subject of the requested instruction.” State v. Pedersen, 242 Or App 305, 315 , 255 P3d 556 , rev den, 351 Or 254 (2011).	1	2025–2025
State v. Kennedy green or · 2011 1 sentence 2025A trial court’s ruling on jury instructions “is not error * * * if the instruc- tion given by the court, although not in the form requested, adequately covers the subject of the requested instruction.” State v. Pedersen, 242 Or App 305, 315 , 255 P3d 556 , rev den, 351 Or 254 (2011).	1	2025–2025
State v. Roberts green orctapp · 2018 2 sentences 2020Second, a “court is not required to also provide negative or converse instructions,” that is, instructions “describing in what cir- cumstances an element might not be established.” State v. Roberts, 293 Or App 340, 346 , 427 P3d 1130 (2018) (internal 476 Torres v. Persson quotation marks omitted; emphasis added); see also Martini v. Beaverton Ins. 2020Second, a “court is not required to also provide negative or converse instructions,” that is, instructions “describing in what cir- cumstances an element might not be established.” State v. Roberts, 293 Or App 340, 346 , 427 P3d 1130 (2018) (internal 476 Torres v. Persson quotation marks omitted; emphasis added); see also Martini v. Beaverton Ins.	1	2020–2020
State v. Schoemaker neutral orctapp · 2020 1 sentence 2020Cite as 303 Or App 230 (2020) 233 The state responds that the trial court correctly declined to give the requested instruction, either because the supplemental paragraphs were unnecessary in light of the instruction given, which adequately covered the sub- ject of physical injury, State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (absence of an instruction is not error if the instructions given by the court adequately cover the subject of the requested instruction), or because the second supple- mental paragraph had the potential to confuse the jury.	1	2020–2020
State v. Barnes green or · 1999 2 sentences 2018State v. Barnes , 329 Or. 327 , 334, 986 P.2d 1160 (1999) ; see also State v. Montez , 324 Or. 343 , 362, 927 P.2d 64 (1996) (refusal to give requested jury instruction not erroneous if instruction given by court "adequately addresses the subject of the requested instruction"). 2018State v. Barnes , 329 Or. 327 , 334, 986 P.2d 1160 (1999) ; see also State v. Montez , 324 Or. 343 , 362, 927 P.2d 64 (1996) (refusal to give requested jury instruction not erroneous if instruction given by court "adequately addresses the subject of the requested instruction").	1	2018–2018
State v. Montez green or · 1990 2 sentences 2016However, a trial court does not err in refusing to give a proposed instruction—even if legally correct—if the substance of the requested instruction is “covered fully by other jury instructions given by the trial court” or if the requested instruction is “not necessary * * * to explain the particular issue or point of law to the jury.” Hernandez v. Barbo Machinery Co., 327 Or 99, 106 , 957 P2d 147 (1998); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although no 2016However, a trial court does not err in refusing to give a proposed instruction—even if legally correct—if the substance of the requested instruction is “covered fully by other jury instructions given by the trial court” or if the requested instruction is “not necessary * * * to explain the particular issue or point of law to the jury.” Hernandez v. Barbo Machinery Co., 327 Or 99, 106 , 957 P2d 147 (1998); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although no	1	2016–2016
Hernandez v. Barbo MacHinery Co. green or · 1998 2 sentences 2016However, a trial court does not err in refusing to give a proposed instruction—even if legally correct—if the substance of the requested instruction is “covered fully by other jury instructions given by the trial court” or if the requested instruction is “not necessary * * * to explain the particular issue or point of law to the jury.” Hernandez v. Barbo Machinery Co., 327 Or 99, 106 , 957 P2d 147 (1998); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although no 2016However, a trial court does not err in refusing to give a proposed instruction—even if legally correct—if the substance of the requested instruction is “covered fully by other jury instructions given by the trial court” or if the requested instruction is “not necessary * * * to explain the particular issue or point of law to the jury.” Hernandez v. Barbo Machinery Co., 327 Or 99, 106 , 957 P2d 147 (1998); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although no	1	2016–2016
State v. Cody neutral or · 1925 2 sentences 2016However, a trial court does not err in refusing to give a proposed instruction—even if legally correct—if the substance of the requested instruction is “covered fully by other jury instructions given by the trial court” or if the requested instruction is “not necessary * * * to explain the particular issue or point of law to the jury.” Hernandez v. Barbo Machinery Co., 327 Or 99, 106 , 957 P2d 147 (1998); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although no 2016However, a trial court does not err in refusing to give a proposed instruction—even if legally correct—if the substance of the requested instruction is “covered fully by other jury instructions given by the trial court” or if the requested instruction is “not necessary * * * to explain the particular issue or point of law to the jury.” Hernandez v. Barbo Machinery Co., 327 Or 99, 106 , 957 P2d 147 (1998); see also State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993) (“It is not error for a trial court to refuse to give a requested instruction if the instruction given by the court, although no	1	2016–2016
Leiseth v. Fred Meyer, Inc. green orctapp · 2002 2 sentences 2014Leiseth v. Fred Meyer, Inc., 185 Or App 53, 57 , 57 P3d 914 (2002), rev den, 335 Or 443 (2003) (citing State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993). 2014Leiseth v. Fred Meyer, Inc., 185 Or App 53, 57 , 57 P3d 914 (2002), rev den, 335 Or 443 (2003) (citing State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993).	1	2014–2014
Mitchell v. Pacific First Bank green orctapp · 1994 2 sentences 2002Nor is the failure to give a requested instruction error if “the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.” State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993); Mitchell v. Pacific First Bank, 130 Or App 65, 76 , 880 P2d 490 (1994). 2002Nor is the failure to give a requested instruction error if “the instruction given by the court, although not in the form requested, adequately covers the subject of the requested instruction.” State v. Tucker, 315 Or 321, 332 , 845 P2d 904 (1993); Mitchell v. Pacific First Bank, 130 Or App 65, 76 , 880 P2d 490 (1994).	1	2002–2002
Thompson v. Inskeep green orctapp · 1989 2 sentences 2000Thompson v. Inskeep, 95 Or App 688, 690 , 770 P2d 953 (1989). 2000Thompson v. Inskeep, 95 Or App 688, 690 , 770 P2d 953 (1989).	1	2000–2000
State v. Leppanen green or · 1969 2 sentences 1993State v. Leppanen, 253 Or 51, 53 , 452 P2d 172 (1969). 1993State v. Leppanen, 253 Or. 51, 53 , 453 P.2d 172 (1969).	1	1993–1993

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 136.330 (6) OR § Or. Rev. Stat. § 163.115 (5) OR § Or. Rev. Stat. § 163.095 (4) OR § Or. Rev. Stat. § 163.150 (4) OR § Or. Rev. Stat. § 161.015 (3) OR § Or. Rev. Stat. § 161.085 (3) OR § Or. Rev. Stat. § 161.155 (3) OR § Or. Rev. Stat. § 163.005 (3) OR § Or. Rev. Stat. § 163.175 (3)

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

OR 25 (1993–2025) ID 5 (2003–2021) NV 4 (1983–2019) AZ 2 (1981–1984)

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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