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16 Oregon opinions name it 2 courts 1981–2019 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.
| Case | Followed | Cited |
|---|---|---|
Krummacher v. Gierloffgreen2 sentences2019“We review a post-conviction court’s grant or denial of relief for legal error, accepting the court’s implicit and explicit factual findings if there is evidence to support them.” Monfore v. Persson, 296 Or App 625, 632 , 439 P3d 519 (2019). “[Adequate assistance] of counsel is particularly important when a defendant is called upon to waive funda- mental rights, as by a guilty plea or waiver of jury trial[.]” Krummacher v. Gierloff, 290 Or 867, 874-75 , 627 P2d 458 (1981). 88 Sanders v. Brown Our cases explain that, under the Oregon Constitution, coun- sel must inform a client of those circums 2019“We review a post-conviction court’s grant or denial of relief for legal error, accepting the court’s implicit and explicit factual findings if there is evidence to support them.” Monfore v. Persson, 296 Or App 625, 632 , 439 P3d 519 (2019). “[Adequate assistance] of counsel is particularly important when a defendant is called upon to waive funda- mental rights, as by a guilty plea or waiver of jury trial[.]” Krummacher v. Gierloff, 290 Or 867, 874-75 , 627 P2d 458 (1981). 88 Sanders v. Brown Our cases explain that, under the Oregon Constitution, coun- sel must inform a client of those circums | 1 | 10 |
Hartzog v. Keeneygreen2 sentences1993In Krummacher v. Gierloff, 290 Or 867, 875 , 627 P2d 458 (1981), the Supreme Court said that, when a defendant is called on to waive fundamental rights, as by a guilty plea or waiver of jury trial, “counsel’s functions include informing the defendant, in a manner and to the extent appropriate to the circumstances and to the defendant’s level of understanding, of the existence and consequences of nontactical choices which are defendant’s to make, so as to assure that the defendant makes such choices intelligently.” 290 Or at 874 ; see also Hartzog v. Keeney, 304 Or 57, 63 , 742 P2d 600 (1987). 1993In Krummacher v. Gierloff, 290 Or 867, 875 , 627 P2d 458 (1981), the Supreme Court said that, when a defendant is called on to waive fundamental rights, as by a guilty plea or waiver of jury trial, “counsel’s functions include informing the defendant, in a manner and to the extent appropriate to the circumstances and to the defendant’s level of understanding, of the existence and consequences of nontactical choices which are defendant’s to make, so as to assure that the defendant makes such choices intelligently.” 290 Or at 874 ; see also Hartzog v. Keeney, 304 Or 57, 63 , 742 P2d 600 (1987). | 1 | 2 |
Long v. Stategreen2 sentences2019See Long v. State of Oregon, 130 Or App 198, 202 , 880 P2d 509 (1994) (“Failure to inform a defendant of certain consequences of a criminal plea may also constitute inadequate assistance of counsel.” (Emphasis in original.)). 2019See Long v. State of Oregon, 130 Or App 198, 202 , 880 P2d 509 (1994) (“Failure to inform a defendant of certain consequences of a criminal plea may also constitute inadequate assistance of counsel.” (Emphasis in original.)). | 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. Clevenger
green
2 sentences2007ORS 138.050 “limits an appeal from a conviction based on a guilty plea to a challenge to the sentence.” State v. Freudenthaler, 84 Or App 531, 533 , 734 P2d 894 , rev den, 303 Or 455 (1987) (citing State v. Clevenger, 297 Or 234 , 683 P2d 1360 (1984)). 2007ORS 138.050 “limits an appeal from a conviction based on a guilty plea to a challenge to the sentence.” State v. Freudenthaler, 84 Or App 531, 533 , 734 P2d 894 , rev den, 303 Or 455 (1987) (citing State v. Clevenger, 297 Or 234 , 683 P2d 1360 (1984)). | 2 | 1987–2007 |
State v. Freudenthaler
green
2 sentences2007ORS 138.050 “limits an appeal from a conviction based on a guilty plea to a challenge to the sentence.” State v. Freudenthaler, 84 Or App 531, 533 , 734 P2d 894 , rev den, 303 Or 455 (1987) (citing State v. Clevenger, 297 Or 234 , 683 P2d 1360 (1984)). 2007ORS 138.050 “limits an appeal from a conviction based on a guilty plea to a challenge to the sentence.” State v. Freudenthaler, 84 Or App 531, 533 , 734 P2d 894 , rev den, 303 Or 455 (1987) (citing State v. Clevenger, 297 Or 234 , 683 P2d 1360 (1984)). | 2 | 1988–2007 |
Lyons v. Pearce
green
2 sentences1991In Lyons v. Pearce, 298 Or 554, 567 , 694 P2d 969 (1985), this court applied Krummacher , which concerned counsel’s functions during trial, to counsel’s functions when a criminal defendant enters a guilty plea, and held: “One function a criminal defense attorney performs for a client is to disclose the consequences of a guilty plea and conviction.” The court in Hartzog v. Keeney, supra, relied on the passages quoted above from Krummacher v. Gierloff, supra, and Lyons v. Pearce, supra, in holding that failure to inform a criminal defendant of a possible minimum sentence before *510 the defendan 1991In Lyons v. Pearce, 298 Or 554, 567 , 694 P2d 969 (1985), this court applied Krummacher , which concerned counsel’s functions during trial, to counsel’s functions when a criminal defendant enters a guilty plea, and held: “One function a criminal defense attorney performs for a client is to disclose the consequences of a guilty plea and conviction.” The court in Hartzog v. Keeney, supra, relied on the passages quoted above from Krummacher v. Gierloff, supra, and Lyons v. Pearce, supra, in holding that failure to inform a criminal defendant of a possible minimum sentence before *510 the defendan | 2 | 1987–1991 |
Turner v. Cupp
neutral
2 sentences1987This function of counsel is particularly important when a defendant is called upon to waive fundamental rights, as by a guilty plea or waiver of jury trial, see, e.g., Turner v. Cupp, 49 Or App 671 , 619 P2d 1357 (1980).” (Emphasis added.) 290 Or at 874-75 . 1987This function of counsel is particularly important when a defendant is called upon to waive fundamental rights, as by a guilty plea or waiver of jury trial, see, e.g., Turner v. Cupp, 49 Or App 671 , 619 P2d 1357 (1980).” (Emphasis added.) 290 Or at 874-75 . | 2 | 1981–1987 |
Monfore v. Persson
neutral
2 sentences2019“We review a post-conviction court’s grant or denial of relief for legal error, accepting the court’s implicit and explicit factual findings if there is evidence to support them.” Monfore v. Persson, 296 Or App 625, 632 , 439 P3d 519 (2019). “[Adequate assistance] of counsel is particularly important when a defendant is called upon to waive funda- mental rights, as by a guilty plea or waiver of jury trial[.]” Krummacher v. Gierloff, 290 Or 867, 874-75 , 627 P2d 458 (1981). 88 Sanders v. Brown Our cases explain that, under the Oregon Constitution, coun- sel must inform a client of those circums 2019“We review a post-conviction court’s grant or denial of relief for legal error, accepting the court’s implicit and explicit factual findings if there is evidence to support them.” Monfore v. Persson, 296 Or App 625, 632 , 439 P3d 519 (2019). “[Adequate assistance] of counsel is particularly important when a defendant is called upon to waive funda- mental rights, as by a guilty plea or waiver of jury trial[.]” Krummacher v. Gierloff, 290 Or 867, 874-75 , 627 P2d 458 (1981). 88 Sanders v. Brown Our cases explain that, under the Oregon Constitution, coun- sel must inform a client of those circums | 1 | 2019–2019 |
State v. Wilson
neutral
2 sentences1993State v. Wilson, 115 Or App 217, 221 , 836 P2d 1380 (1992). 1993State v. Wilson, 115 Or App 217, 221 , 836 P2d 1380 (1992). | 1 | 1993–1993 |
State v. Farley
green
2 sentences1986State v. Farley, 301 Or 668 , 725 P2d 359 (1986), held that, for purposes of determining former jeopardy under Article I, section 12, of the Oregon Constitution, a guilty plea cannot be distinguished from a conviction after trial. 1986State v. Farley, 301 Or 668 , 725 P2d 359 (1986), held that, for purposes of determining former jeopardy under Article I, section 12, of the Oregon Constitution, a guilty plea cannot be distinguished from a conviction after trial. | 1 | 1986–1986 |
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.