14 Oregon opinions name it 1 courts 1912–2026 2 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 |
|---|---|---|
State v. Salas-Juarezgreen2 sentences2023See State v. Salas-Juarez, 264 Or App 57, 63 , 329 P3d 805 , rev den, 356 Or 575 (2014) (recognizing that the Oregon Supreme Court has “amplified” the importance of the rule prohibiting vouching). 2023See State v. Salas-Juarez, 264 Or App 57, 63 , 329 P3d 805 , rev den, 356 Or 575 (2014) (recognizing that the Oregon Supreme Court has “amplified” the importance of the rule prohibiting vouching). | 1 | 2 |
State v. Davisgreen2 sentences2018See Davis , 286 Or.App. at 536 , 400 P.3d 994 (distinguishing McHaffie largely on that point); Sherman , 274 Or.App. at 776 , 362 P.3d 720 (similar). 2018See Davis , 286 Or.App. at 536 , 400 P.3d 994 (distinguishing McHaffie largely on that point); Sherman , 274 Or.App. at 776 , 362 P.3d 720 (similar). | 1 | 1 |
State v. Lowellgreen2 sentences2014Application of the rule is “straightforward” when “one witness states directly that he or she believes another witness, or that the other witness is honest or truthful.” Lupoli, 348 Or at 357 ; see State v. Lowell, 249 Or App 364, 366-68 , 277 P3d 588 , rev den, 352 Or 378 (2012) (admission of detective’s testimony that he “didn’t think that [the defendant] was being very honest” during his interview was plain error). 2014Application of the rule is “straightforward” when “one witness states directly that he or she believes another witness, or that the other witness is honest or truthful.” Lupoli, 348 Or at 357 ; see State v. Lowell, 249 Or App 364, 366-68 , 277 P3d 588 , rev den, 352 Or 378 (2012) (admission of detective’s testimony that he “didn’t think that [the defendant] was being very honest” during his interview was plain error). | 1 | 1 |
Dean v. Exotic Veneers, Inc.green2 sentences2008See Dean v. Exotic Veneers, Inc., 271 Or 188, 193 , 531 P2d 266 (1975) (quoting Charles E. 2008See Dean v. Exotic Veneers, Inc., 271 Or 188, 193 , 531 P2d 266 (1975) (quoting Charles E. | 1 | 1 |
Strunk v. Public Employees Retirement Boardgreen2 sentences2008See Strunk v. PERB, 338 Or 145, 189 , 108 P3d 1058 (2005) (where statute is subsequently amended, “[i]t is presumed that such changes in meaning do not go further than is expressly declared or necessarily implied”) (internal quotation marks omitted). 11 The importance of the requirement that courts not insert what has been omitted is particularly apparent where the proposed addition of language would raise due process concerns. 2008See Strunk v. PERB, 338 Or 145, 189 , 108 P3d 1058 (2005) (where statute is subsequently amended, “[i]t is presumed that such changes in meaning do not go further than is expressly declared or necessarily implied”) (internal quotation marks omitted). 11 The importance of the requirement that courts not insert what has been omitted is particularly apparent where the proposed addition of language would raise due process concerns. | 1 | 1 |
In Re Complaint as to the Conduct of Fadeleygreen2 sentences1999See In re Fadeley, [ 310 Or 548, 563 , 802 P2d 31 (1990)] (‘The stake of the public in a judiciary that is both honest in fact and honest in appearance is profound. 1999See In re Fadeley, [ 310 Or 548, 563 , 802 P2d 31 (1990)] (‘The stake of the public in a judiciary that is both honest in fact and honest in appearance is profound. | 1 | 1 |
Pottgen v. Missouri State High School Activities Associationgreen1 sentence1999Activities Ass’n, 40 F3d 926, 930 (8th Cir 1994) (examining the importance of a requirement to the program in determining whether that requirement was an essential eligibility requirement of the program). | 1 | 1 |
State v. Clarkgreen1 sentence1986State v. Clark, supra, 291 Or at 235. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Department of Human Services v. T. L.
green
2 sentences2026L.] , 358 Or 679 [, 688, 369 P3d 1159 (2016)]. 2026L.] , 358 Or 679 [, 688, 369 P3d 1159 (2016)]. | 1 | 2026–2026 |
State v. Middleton
green
2 sentences2023“Because credibility determi- nations are the exclusive province of the jury, witnesses are categorically prohibited from expressing a view on whether another witness is ‘telling the truth.’ ” Davis v. Cain, 304 Or App 356, 363 , 467 P3d 816 (2020) (quoting State v. Middleton, 294 Or 427, 438 , 657 P2d 1215 (1983)). 2023“Because credibility determi- nations are the exclusive province of the jury, witnesses are categorically prohibited from expressing a view on whether another witness is ‘telling the truth.’ ” Davis v. Cain, 304 Or App 356, 363 , 467 P3d 816 (2020) (quoting State v. Middleton, 294 Or 427, 438 , 657 P2d 1215 (1983)). | 1 | 2023–2023 |
Davis v. Cain
green
2 sentences2023“Because credibility determi- nations are the exclusive province of the jury, witnesses are categorically prohibited from expressing a view on whether another witness is ‘telling the truth.’ ” Davis v. Cain, 304 Or App 356, 363 , 467 P3d 816 (2020) (quoting State v. Middleton, 294 Or 427, 438 , 657 P2d 1215 (1983)). 2023“Because credibility determi- nations are the exclusive province of the jury, witnesses are categorically prohibited from expressing a view on whether another witness is ‘telling the truth.’ ” Davis v. Cain, 304 Or App 356, 363 , 467 P3d 816 (2020) (quoting State v. Middleton, 294 Or 427, 438 , 657 P2d 1215 (1983)). | 1 | 2023–2023 |
State v. Sherman
green
2 sentences2018See Davis , 286 Or.App. at 536 , 400 P.3d 994 (distinguishing McHaffie largely on that point); Sherman , 274 Or.App. at 776 , 362 P.3d 720 (similar). 2018See Davis , 286 Or.App. at 536 , 400 P.3d 994 (distinguishing McHaffie largely on that point); Sherman , 274 Or.App. at 776 , 362 P.3d 720 (similar). | 1 | 2018–2018 |
State v. Milbradt
green
1 sentence2014The Supreme Court amplified the importance of that rule when it stated, “We have said before, and we will say it again, but this time with emphasis — we really mean it * * * The assessment of credibility is for the trier of fact[.]” Milbradt, 305 Or at 629 . | 1 | 2014–2014 |
State v. Lupoli
green
1 sentence2014Application of the rule is “straightforward” when “one witness states directly that he or she believes another witness, or that the other witness is honest or truthful.” Lupoli, 348 Or at 357 ; see State v. Lowell, 249 Or App 364, 366-68 , 277 P3d 588 , rev den, 352 Or 378 (2012) (admission of detective’s testimony that he “didn’t think that [the defendant] was being very honest” during his interview was plain error). | 1 | 2014–2014 |
In Re Marriage of Kunze
green
2 sentences2005In Kunze and Kunze, 337 Or 122, 134 , 92 P3d 100 (2004), the court described the importance of the presumption of equal contribution: “That statutory presumption embodies a legislative intent to recognize that, absent evidence to the contrary, each spouse’s efforts during a marriage equally contribute to, and are made for the benefit of, the marital estate, regardless of the nature of thosé efforts or how the property is held. * * * To effectuate that intent, the presumption directs the court, that, unless proven otherwise, the court must find that both parties have contributed equally to the 2005In Kunze and Kunze, 337 Or 122, 134 , 92 P3d 100 (2004), the court described the importance of the presumption of equal contribution: “That statutory presumption embodies a legislative intent to recognize that, absent evidence to the contrary, each spouse’s efforts during a marriage equally contribute to, and are made for the benefit of, the marital estate, regardless of the nature of thosé efforts or how the property is held. * * * To effectuate that intent, the presumption directs the court, that, unless proven otherwise, the court must find that both parties have contributed equally to the | 1 | 2005–2005 |
Vendall Marketing Corp. v. Dept. of Justice
green
2 sentences2000One legitimate aim of the investigation may be to discover whether [the recipient's] practices are covered by the Act." Vendall Marketing Corp. v. Dept. of Justice, 318 Or. 189, 195 , 863 P.2d 1263 (1993). [5] This case illustrates the importance of the requirement that special statutory proceedings be separate from other judicial proceedings. 2000One legitimate aim of the investigation may be to discover whether [the recipient's] practices are covered by the Act." Vendall Marketing Corp. v. Dept. of Justice, 318 Or. 189, 195 , 863 P.2d 1263 (1993). [5] This case illustrates the importance of the requirement that special statutory proceedings be separate from other judicial proceedings. | 1 | 2000–2000 |
Easley v. Snider
green
1 sentence1999This is not a situation as in Easley, where Pennsylvania’s Attendant Care Program sought to provide persons with a level of independence “greater than one which does nothing more than keep and sustain persons out of institutions.” 36 F3d at 303 . | 1 | 1999–1999 |
Bank of Eastern Oregon v. Griffith
green
1 sentence1990The majority recognizes the importance of that inquiry, 101 Or. | 1 | 1990–1990 |
Sheehan v. Stackhouse
neutral
1 sentence1912While the appellate courts do not try a law case de novo, yet when the case was tried before the court, they do not attach the same importance to error in the admission of testimony that they do where the trial was by jury. [Sheehan v. Stackhouse, 10 Mo. App. 469 ; Moore v. Mountcastle, 72 Mo. 1 . c. 607; Barnett v. Pepper, 114 Mo. App. 1 . c. 221, 89 S. W. 345 ; Lewis v. Frankle, 138 S. W. 64 .] I have never examined a record since I have been a member of this court that was absolutely free of error, and if every case is too be .reversed because error is found in the record, none will be affi | 1 | 1912–1912 |
Barnett v. Pepper
neutral
1 sentence1912While the appellate courts do not try a law case de novo, yet when the case was tried before the court, they do not attach the same importance to error in the admission of testimony that they do where the trial was by jury. [Sheehan v. Stackhouse, 10 Mo. App. 469 ; Moore v. Mountcastle, 72 Mo. 1 . c. 607; Barnett v. Pepper, 114 Mo. App. 1 . c. 221, 89 S. W. 345 ; Lewis v. Frankle, 138 S. W. 64 .] I have never examined a record since I have been a member of this court that was absolutely free of error, and if every case is too be .reversed because error is found in the record, none will be affi | 1 | 1912–1912 |
Lewis v. Frankle
neutral
1 sentence1912While the appellate courts do not try a law case de novo, yet when the case was tried before the court, they do not attach the same importance to error in the admission of testimony that they do where the trial was by jury. [Sheehan v. Stackhouse, 10 Mo. App. 469 ; Moore v. Mountcastle, 72 Mo. 1 . c. 607; Barnett v. Pepper, 114 Mo. App. 1 . c. 221, 89 S. W. 345 ; Lewis v. Frankle, 138 S. W. 64 .] I have never examined a record since I have been a member of this court that was absolutely free of error, and if every case is too be .reversed because error is found in the record, none will be affi | 1 | 1912–1912 |
Williams v. Metropolitan Street Railway Co.
green
1 sentence1912While the appellate courts do not try a law case de novo, yet when the case was tried before the court, they do not attach the same importance to error in the admission of testimony that they do where the trial was by jury. [Sheehan v. Stackhouse, 10 Mo. App. 469 ; Moore v. Mountcastle, 72 Mo. 1 . c. 607; Barnett v. Pepper, 114 Mo. App. 1 . c. 221, 89 S. W. 345 ; Lewis v. Frankle, 138 S. W. 64 .] I have never examined a record since I have been a member of this court that was absolutely free of error, and if every case is too be .reversed because error is found in the record, none will be affi | 1 | 1912–1912 |
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.