17 Oregon opinions name it 3 courts 1919–2026 9 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 |
|---|---|---|
Oregon Health Care Ass'n v. Health Divisiongreen2 sentences2026They also note, and PacifiCorp and the PUC do not dispute, that the PUC does not revisit the correctness of its decision to acknowledge an IRP in the rate case, and they contend that, if an IRP acknowledgment order is not a final order, then no judicial review of the IRP order can ever take place.6 Even assum- ing that judicial review could take place in the rate case, v. Health Div., 329 Or 480, 492 , 992 P2d 434 (1999) (“Except as provided in ORS 183.480, only on review of a final order may a court consider a claim that, during its consideration of the matter, the agency issued an erroneous 2026They also note, and PacifiCorp and the PUC do not dispute, that the PUC does not revisit the correctness of its decision to acknowledge an IRP in the rate case, and they contend that, if an IRP acknowledgment order is not a final order, then no judicial review of the IRP order can ever take place.6 Even assum- ing that judicial review could take place in the rate case, v. Health Div., 329 Or 480, 492 , 992 P2d 434 (1999) (“Except as provided in ORS 183.480, only on review of a final order may a court consider a claim that, during its consideration of the matter, the agency issued an erroneous | 2 | 2 |
State v. Durandogreen2 sentences2025In making the determination of whether there is little likeli- hood that a particular error affected the verdict, “we exam- ine the record as a whole and consider the error and the context in which it occurred.” State v. Durando, 262 Or App 299, 305 , 323 P3d 985 , adh’d to as modified on recons, 264 Or App 289 , 331 P3d 1095 , rev den, 356 Or 400 (2014). 2025In making the determination of whether there is little likeli- hood that a particular error affected the verdict, “we exam- ine the record as a whole and consider the error and the context in which it occurred.” State v. Durando, 262 Or App 299, 305 , 323 P3d 985 , adh’d to as modified on recons, 264 Or App 289 , 331 P3d 1095 , rev den, 356 Or 400 (2014). | 1 | 7 |
State v. Durandogreen2 sentences2025In making the determination of whether there is little likeli- hood that a particular error affected the verdict, “we exam- ine the record as a whole and consider the error and the context in which it occurred.” State v. Durando, 262 Or App 299, 305 , 323 P3d 985 , adh’d to as modified on recons, 264 Or App 289 , 331 P3d 1095 , rev den, 356 Or 400 (2014). 2025In making the determination of whether there is little likeli- hood that a particular error affected the verdict, “we exam- ine the record as a whole and consider the error and the context in which it occurred.” State v. Durando, 262 Or App 299, 305 , 323 P3d 985 , adh’d to as modified on recons, 264 Or App 289 , 331 P3d 1095 , rev den, 356 Or 400 (2014). | 1 | 7 |
State v. Blackgreen2 sentences2024See State v. Black, 364 Or 579, 595-96 , 437 P3d 1121 (2019) (“Errors that had little likelihood of affecting the verdict are harmless and do not warrant reversal.”) (Internal quotation marks and citation omitted); see also State v. Durando, 262 Or App 299, 305 , 323 P3d 985 , adh’d to as modified on recons, 264 Or App 289 , 331 P3d 1095 , rev den, 356 Or 400 (2014) (to determine whether an error is harmless “we examine the record as a whole and consider the error and the context in which it occurred”) (citation omitted). 2024See State v. Black, 364 Or 579, 595-96 , 437 P3d 1121 (2019) (“Errors that had little likelihood of affecting the verdict are harmless and do not warrant reversal.”) (Internal quotation marks and citation omitted); see also State v. Durando, 262 Or App 299, 305 , 323 P3d 985 , adh’d to as modified on recons, 264 Or App 289 , 331 P3d 1095 , rev den, 356 Or 400 (2014) (to determine whether an error is harmless “we examine the record as a whole and consider the error and the context in which it occurred”) (citation omitted). | 1 | 1 |
State v. Reyes-Camarenagreen2 sentences2003He urges, however, that this court consider this claim of error as “error apparent on the face of the record[.]” ORAJP 5.45(6); see State v. Reyes-Camarena, 330 Or 431, 435-36 , 7 P3d 522 (2000) (explaining and applying plain error doctrine). 2003He urges, however, that this court consider this claim of error as “error apparent on the face of the record[.]” ORAJP 5.45(6); see State v. Reyes-Camarena, 330 Or 431, 435-36 , 7 P3d 522 (2000) (explaining and applying plain error doctrine). | 1 | 1 |
State v. Kennedygreen2 sentences1992See State v. Kennedy, 295 Or. 260, 262 , 666 P.2d 1316 (1983) (setting forth methodology). [4] Because this legislative directive is clear and the issue is one for the legislature to decide, there is no occasion for this court to consider the principle of "lenity" that is sometimes followed when legislative intent is not clear. 1992See State v. Kennedy, 295 Or. 260, 262 , 666 P.2d 1316 (1983) (setting forth methodology). [4] Because this legislative directive is clear and the issue is one for the legislature to decide, there is no occasion for this court to consider the principle of "lenity" that is sometimes followed when legislative intent is not clear. | 1 | 1 |
State v. Welchgreen2 sentences1992See, e.g., State v. Welch, 264 Or 388, 393 , 505 P2d 910 (1973) (discussing “principle of lenity”). 1992See, e.g., State v. Welch, 264 Or 388, 393 , 505 P2d 910 (1973) (discussing “principle of lenity”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Carrillo
green
2 sentences2023In State v. Carrillo, 304 Or App 192, 202-06 , 466 P3d 1023 , rev den, 367 Or 220 (2020), we noted a variety of consider- ations we can take into account in making that assessment, including “any differences between the quality of the erro- neously admitted evidence and other evidence admitted on the same issue,” “how the parties actually used the chal- lenged evidence at trial,” and whether there is other “over- whelming evidence of the charged crimes.” However, in con- ducting such an analysis “ ‘we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the e 2023In State v. Carrillo, 304 Or App 192, 202-06 , 466 P3d 1023 , rev den, 367 Or 220 (2020), we noted a variety of consider- ations we can take into account in making that assessment, including “any differences between the quality of the erro- neously admitted evidence and other evidence admitted on the same issue,” “how the parties actually used the chal- lenged evidence at trial,” and whether there is other “over- whelming evidence of the charged crimes.” However, in con- ducting such an analysis “ ‘we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the e | 2 | 2023–2023 |
State v. Ramirez
green
2 sentences2023In State v. Carrillo, 304 Or App 192, 202-06 , 466 P3d 1023 , rev den, 367 Or 220 (2020), we noted a variety of consider- ations we can take into account in making that assessment, including “any differences between the quality of the erro- neously admitted evidence and other evidence admitted on the same issue,” “how the parties actually used the chal- lenged evidence at trial,” and whether there is other “over- whelming evidence of the charged crimes.” However, in con- ducting such an analysis “ ‘we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the e 2023In State v. Carrillo, 304 Or App 192, 202-06 , 466 P3d 1023 , rev den, 367 Or 220 (2020), we noted a variety of consider- ations we can take into account in making that assessment, including “any differences between the quality of the erro- neously admitted evidence and other evidence admitted on the same issue,” “how the parties actually used the chal- lenged evidence at trial,” and whether there is other “over- whelming evidence of the charged crimes.” However, in con- ducting such an analysis “ ‘we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the e | 2 | 2023–2023 |
State v. Zaldana-Mendoza
green
2 sentences2023In State v. Carrillo, 304 Or App 192, 202-06 , 466 P3d 1023 , rev den, 367 Or 220 (2020), we noted a variety of consider- ations we can take into account in making that assessment, including “any differences between the quality of the erro- neously admitted evidence and other evidence admitted on the same issue,” “how the parties actually used the chal- lenged evidence at trial,” and whether there is other “over- whelming evidence of the charged crimes.” However, in con- ducting such an analysis “ ‘we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the e 2023In State v. Carrillo, 304 Or App 192, 202-06 , 466 P3d 1023 , rev den, 367 Or 220 (2020), we noted a variety of consider- ations we can take into account in making that assessment, including “any differences between the quality of the erro- neously admitted evidence and other evidence admitted on the same issue,” “how the parties actually used the chal- lenged evidence at trial,” and whether there is other “over- whelming evidence of the charged crimes.” However, in con- ducting such an analysis “ ‘we do not usurp the role of the factfinder and determine if defendant is guilty or reweigh the e | 2 | 2023–2023 |
Hawes v. State
neutral
2 sentences2026They also note, and PacifiCorp and the PUC do not dispute, that the PUC does not revisit the correctness of its decision to acknowledge an IRP in the rate case, and they contend that, if an IRP acknowledgment order is not a final order, then no judicial review of the IRP order can ever take place.6 Even assum- ing that judicial review could take place in the rate case, v. Health Div., 329 Or 480, 492 , 992 P2d 434 (1999) (“Except as provided in ORS 183.480, only on review of a final order may a court consider a claim that, during its consideration of the matter, the agency issued an erroneous 2026They also note, and PacifiCorp and the PUC do not dispute, that the PUC does not revisit the correctness of its decision to acknowledge an IRP in the rate case, and they contend that, if an IRP acknowledgment order is not a final order, then no judicial review of the IRP order can ever take place.6 Even assum- ing that judicial review could take place in the rate case, v. Health Div., 329 Or 480, 492 , 992 P2d 434 (1999) (“Except as provided in ORS 183.480, only on review of a final order may a court consider a claim that, during its consideration of the matter, the agency issued an erroneous | 1 | 2026–2026 |
cluster 10839340
neutral
1 sentence2026PUC Order No. 20-386, Attachment A, Internal Operating Guidelines, at 24-27. 6 As noted above, 348 Or App at 300 n 4, a nonfinal order may be challenged on judicial review of a later final order. | 1 | 2026–2026 |
Griffith v. Property and Casualty Ins. Co. of Hartford
neutral
1 sentence2025In any case in which an award of attorney fees is authorized or required by statute, ORS 20.075(2) requires the court to consider the factors in ORS 20.075(1) and Cite as 339 Or App 40 (2025) 47 20.075(2) in determining a reasonable amount of the fee. | 1 | 2025–2025 |
State v. Shaw
green
1 sentence2021State v. Shaw, 233 Or App 427, 439 , 255 P3d 855 , rev den, 348 Or 415 (2010) (“Although criminal his- tory is one factor that could, along with the other factors, demonstrate that a penalty is disproportionate under the circumstances, the lack of prior convictions alone has never been sufficient to render an otherwise constitutional pen- alty disproportionate under Article I, section 16.”). | 1 | 2021–2021 |
State v. Wilson
green
1 sentence2021State v. Shaw, 233 Or App 427, 439 , 255 P3d 855 , rev den, 348 Or 415 (2010) (“Although criminal his- tory is one factor that could, along with the other factors, demonstrate that a penalty is disproportionate under the circumstances, the lack of prior convictions alone has never been sufficient to render an otherwise constitutional pen- alty disproportionate under Article I, section 16.”). | 1 | 2021–2021 |
Friends of Columbia Gorge v. Energy Fac. Siting Coun.
green
2 sentences2021“What constitutes reasonable attorney fees is within the sound discretion of the court ordering the fee award.” Friends of the Columbia Gorge v. Energy Facility Siting Council, 367 Or 258, 267 , 477 P3d 1191 (2020) (citing ORS 20.075(3) (the decision of the court as to the amount of the award is reviewed for abuse of discretion)). 1. 2021“What constitutes reasonable attorney fees is within the sound discretion of the court ordering the fee award.” Friends of the Columbia Gorge v. Energy Facility Siting Council, 367 Or 258, 267 , 477 P3d 1191 (2020) (citing ORS 20.075(3) (the decision of the court as to the amount of the award is reviewed for abuse of discretion)). 1. | 1 | 2021–2021 |
State v. Kayfes
neutral
2 sentences2014State v. Kayfes, 213 Or App 543, 555 , 162 P3d 308 , rev den, 343 Or 690 (2007). 2014State v. Kayfes, 213 Or App 543, 555 , 162 P3d 308 , rev den, 343 Or 690 (2007). | 1 | 2014–2014 |
SCHILDAN v. Hall
green
1 sentence2014State v. Kayfes, 213 Or App 543, 555 , 162 P3d 308 , rev den, 343 Or 690 (2007). | 1 | 2014–2014 |
Ailes v. Portland Meadows, Inc.
green
2 sentences2012In contrast, for a court to consider a claim of error as error apparent on the face of the record, the court must engage in the two-step process set out in Ailes v. Portland Meadows, Inc., 312 Or. 376 , 823 P.2d 956 (1991), which includes a consideration of the prejudicial effect, if any, of the erroneously admitted evidence. [4] This case was tried nearly two years before Southard was decided. 2012In contrast, for a court to consider a claim of error as error apparent on the face of the record, the court must engage in the two-step process set out in Ailes v. Portland Meadows, Inc., 312 Or. 376 , 823 P.2d 956 (1991), which includes a consideration of the prejudicial effect, if any, of the erroneously admitted evidence. [4] This case was tried nearly two years before Southard was decided. | 1 | 2012–2012 |
State v. Jury
green
1 sentence2012Defendant relies on the holding in State v. Jury, 185 Or.App. 132 , 57 P.3d 970 (2002), rev. den., 335 Or. 504 , 72 P.3d 636 (2003), to "bootstrap" his argument that the trial court plainly erred by not sua sponte striking Warner's testimony and excluding Miller's report. | 1 | 2012–2012 |
Outdoor Media Dimensions, Inc. v. Department of Transportation
green
1 sentence2012Defendant relies on the holding in State v. Jury, 185 Or.App. 132 , 57 P.3d 970 (2002), rev. den., 335 Or. 504 , 72 P.3d 636 (2003), to "bootstrap" his argument that the trial court plainly erred by not sua sponte striking Warner's testimony and excluding Miller's report. | 1 | 2012–2012 |
Bowlsby v. Fitzgerald
neutral
1 sentence1919In Skelton v. Newberg, 76 Or. 126 ( 148 Pac. 53 ), the question was whether the judgment should be reversed, because it had not been entered on the day on which the verdict was rendered, in accordance with the law of 1907. | 1 | 1919–1919 |
Skelton v. Newberg
green
1 sentence1919In Skelton v. Newberg, 76 Or. 126 ( 148 Pac. 53 ), the question was whether the judgment should be reversed, because it had not been entered on the day on which the verdict was rendered, in accordance with the law of 1907. | 1 | 1919–1919 |
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.