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13 Oregon opinions name it 2 courts 1971–2026 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 |
|---|---|---|
Fuhrer v. Gearhart by the Sea, Inc.green2 sentences2011Absent an affirmative duty, the existence of a ‘duty’ in the given circumstances is a conclusion to be reached, not a means of analysis.” Fuhrer, 306 Or at 438 . 2008Absent an affirmative duty, the existence of a ‘duty’ in the given circumstances is a conclusion to be reached, not a means of analysis.” Fuhrer, 306 Or at 438 (emphasis added). | 1 | 2 |
State v. Mooregreen2 sentences2026See, e.g., State v. Moore, 361 Or 205, 212 , 390 P3d 1010 (2017) (holding that a mandamus action is an appropriate means to challenge a trial court’s denial of defendant’s motion to dismiss on double-jeopardy grounds because “the right to appeal after 9 Relator asserts that trial court responses to the unavailability of counsel for indigent defendants vary “from court to court, from judge to judge, and from case to case.” Relator describes three different approaches: (1) in Multnomah County, trial courts appear to have had a policy of dismissing cases where defen- dants were unrepresented for 2026See, e.g., State v. Moore, 361 Or 205, 212 , 390 P3d 1010 (2017) (holding that a mandamus action is an appropriate means to challenge a trial court’s denial of defendant’s motion to dismiss on double-jeopardy grounds because “the right to appeal after 9 Relator asserts that trial court responses to the unavailability of counsel for indigent defendants vary “from court to court, from judge to judge, and from case to case.” Relator describes three different approaches: (1) in Multnomah County, trial courts appear to have had a policy of dismissing cases where defen- dants were unrepresented for | 1 | 1 |
State v. Montezgreen2 sentences2024See, e.g., State v. Montez, 309 Or 564, 602-03 , 789 P2d 1352 (1990) (claim that measures failed to comply with financial-statement requirements had to be raised pre-election); Ecumenical Ministries, 298 Or at 67 (recognizing the pre-election procedure in ORS 250.085 as the exclusive means to challenge a state ballot title as inaccu- rate, insufficient, or unfair). 2024See, e.g., State v. Montez, 309 Or 564, 602-03 , 789 P2d 1352 (1990) (claim that measures failed to comply with financial-statement requirements had to be raised pre-election); Ecumenical Ministries, 298 Or at 67 (recognizing the pre-election procedure in ORS 250.085 as the exclusive means to challenge a state ballot title as inaccu- rate, insufficient, or unfair). | 1 | 1 |
Ecumenical Ministries v. Paulusgreen1 sentence2024See, e.g., State v. Montez, 309 Or 564, 602-03 , 789 P2d 1352 (1990) (claim that measures failed to comply with financial-statement requirements had to be raised pre-election); Ecumenical Ministries, 298 Or at 67 (recognizing the pre-election procedure in ORS 250.085 as the exclusive means to challenge a state ballot title as inaccu- rate, insufficient, or unfair). | 1 | 1 |
Whipple v. Howsergreen2 sentences1982See, e.g., Smith v. Clackamas County, 252 Or. 230 , 448 P.2d 512 (1968), partially overruled on other grounds, Whipple v. Howser, 291 Or. 475, 487 , 632 P.2d 782 (1981); Kruckman v. Smith et al., 126 Or. 395 , 270 P. 474 (1928); Gantenbein v. PERB, 33 Or. 1982See, e.g., Smith v. Clackamas County, 252 Or. 230 , 448 P.2d 512 (1968), partially overruled on other grounds, Whipple v. Howser, 291 Or. 475, 487 , 632 P.2d 782 (1981); Kruckman v. Smith et al., 126 Or. 395 , 270 P. 474 (1928); Gantenbein v. PERB, 33 Or. | 1 | 1 |
Smith v. Clackamas Countygreen2 sentences1982See, e.g., Smith v. Clackamas County, 252 Or. 230 , 448 P.2d 512 (1968), partially overruled on other grounds, Whipple v. Howser, 291 Or. 475, 487 , 632 P.2d 782 (1981); Kruckman v. Smith et al., 126 Or. 395 , 270 P. 474 (1928); Gantenbein v. PERB, 33 Or. 1982See, e.g., Smith v. Clackamas County, 252 Or. 230 , 448 P.2d 512 (1968), partially overruled on other grounds, Whipple v. Howser, 291 Or. 475, 487 , 632 P.2d 782 (1981); Kruckman v. Smith et al., 126 Or. 395 , 270 P. 474 (1928); Gantenbein v. PERB, 33 Or. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Simmons v. HOLM
green
2 sentences1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . 1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . | 2 | 1971–1975 |
Klebaum v. Mitchell
green
2 sentences1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . 1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . | 2 | 1971–1975 |
Smith v. Fields Chevrolet Co.
green
2 sentences1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . 1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . | 2 | 1971–1975 |
Parmentier v. Ransom
green
2 sentences1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . 1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . | 2 | 1971–1975 |
State Ex Rel. Anderson v. Miller
green
2 sentences2026Cite as 374 Or 821 (2026) 837 a conviction would not vindicate his constitutional right to be free from a second prosecution for the same offense”); State ex rel Anderson v. Miller, 320 Or 316, 322 , 882 P2d 1109 (1994) (holding that a mandamus action is appropriate under certain circumstances where “direct appeal will not sufficiently serve to vindicate a party’s rights with regard to discovery”). 2026Cite as 374 Or 821 (2026) 837 a conviction would not vindicate his constitutional right to be free from a second prosecution for the same offense”); State ex rel Anderson v. Miller, 320 Or 316, 322 , 882 P2d 1109 (1994) (holding that a mandamus action is appropriate under certain circumstances where “direct appeal will not sufficiently serve to vindicate a party’s rights with regard to discovery”). | 1 | 2026–2026 |
State v. Roberts
green
1 sentence2026Cite as 374 Or 821 (2026) 837 a conviction would not vindicate his constitutional right to be free from a second prosecution for the same offense”); State ex rel Anderson v. Miller, 320 Or 316, 322 , 882 P2d 1109 (1994) (holding that a mandamus action is appropriate under certain circumstances where “direct appeal will not sufficiently serve to vindicate a party’s rights with regard to discovery”). | 1 | 2026–2026 |
State Ex Rel. Juvenile Department v. Reynolds
green
2 sentences2018Reynolds , 317 Or. at 574 , 857 P.2d 842 . 2018Reynolds , 317 Or. at 574 , 857 P.2d 842 . | 1 | 2018–2018 |
Atkeson v. Cupp
green
2 sentences2010In Atkeson v. Cupp, 68 Or.App. 196, 199 , 680 P.2d 722 , rev. den., 297 Or. 546 , 685 P.2d 997 (1984), the court observed that the drafters of the post-conviction relief statutes intended to ensure that post-conviction relief would be as broad as habeas corpus relief in order to avoid *180 constitutional problems that might arise from the decision to make post-conviction relief the exclusive means to challenge the lawfulness of criminal convictions. 2010In Atkeson v. Cupp, 68 Or.App. 196, 199 , 680 P.2d 722 , rev. den., 297 Or. 546 , 685 P.2d 997 (1984), the court observed that the drafters of the post-conviction relief statutes intended to ensure that post-conviction relief would be as broad as habeas corpus relief in order to avoid *180 constitutional problems that might arise from the decision to make post-conviction relief the exclusive means to challenge the lawfulness of criminal convictions. | 1 | 2010–2010 |
Ettner v. City of Medford
green
1 sentence2007Ettner, 155 Or App at 438-39 . | 1 | 2007–2007 |
Hay v. Oregon Department of Transportation
green
2 sentences1993However, ORS 183.400(1) is not exclusive on its face; it states that the ‘validity of any rule may be determined upon a petition by any person to the Court of Appeals.’ ” 301 Or at 137 . 1993However, ORS 183.400(1) is not exclusive on its face; it states that the `validity of any rule may be determined upon a petition by any person to the Court of Appeals.'" 301 Or. at 137 , 719 P.2d 860 . | 1 | 1993–1993 |
Fazzolari v. Portland School District No. 1J
green
1 sentence1988In Fazzolari , we stated that the issue was "whether that conduct unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff." 303 Or. at 17, 734 P.2d 1326 . | 1 | 1988–1988 |
State Ex Rel. Boe v. Straub
green
2 sentences1982Boe v. Straub, 282 Or. 387 , 578 P.2d 1247 (1978), the court held that, where the governor had failed to have an appointment confirmed by the senate as required by law, ORS 30.510 and not mandamus provided the appropriate means to challenge the appointment. [3] The rule or maxim " expressio unius est exclusio alterius, " which arguably applies here, has been followed in a number of Oregon cases. 1982Boe v. Straub, 282 Or. 387 , 578 P.2d 1247 (1978), the court held that, where the governor had failed to have an appointment confirmed by the senate as required by law, ORS 30.510 and not mandamus provided the appropriate means to challenge the appointment. [3] The rule or maxim " expressio unius est exclusio alterius, " which arguably applies here, has been followed in a number of Oregon cases. | 1 | 1982–1982 |
Gantenbein v. Public Employes' Retirement Board
green
1 sentence1982See, e.g., Smith v. Clackamas County, 252 Or. 230 , 448 P.2d 512 (1968), partially overruled on other grounds, Whipple v. Howser, 291 Or. 475, 487 , 632 P.2d 782 (1981); Kruckman v. Smith et al., 126 Or. 395 , 270 P. 474 (1928); Gantenbein v. PERB, 33 Or. | 1 | 1982–1982 |
Gordon v. Adams
neutral
1 sentence1982See, e.g., Smith v. Clackamas County, 252 Or. 230 , 448 P.2d 512 (1968), partially overruled on other grounds, Whipple v. Howser, 291 Or. 475, 487 , 632 P.2d 782 (1981); Kruckman v. Smith et al., 126 Or. 395 , 270 P. 474 (1928); Gantenbein v. PERB, 33 Or. | 1 | 1982–1982 |
Kruckman v. Smith
neutral
1 sentence1982See, e.g., Smith v. Clackamas County, 252 Or. 230 , 448 P.2d 512 (1968), partially overruled on other grounds, Whipple v. Howser, 291 Or. 475, 487 , 632 P.2d 782 (1981); Kruckman v. Smith et al., 126 Or. 395 , 270 P. 474 (1928); Gantenbein v. PERB, 33 Or. | 1 | 1982–1982 |
Owens v. Holmes
green
2 sentences1981In Owens v. Holmes, 199 Or 332, 338 , 261 P2d 383 (1953), a case involving a pedestrian, the court said: "A horn on a motor vehicle is provided as a means of warning. 1981In Owens v. Holmes, 199 Or 332, 338 , 261 P2d 383 (1953), a case involving a pedestrian, the court said: "A horn on a motor vehicle is provided as a means of warning. | 1 | 1981–1981 |
Lablanche v. State
green
1 sentence1981Its use is required only when a warning reasonably appears necessary oris commanded by statute.” (Emphasis added.) In Gano v. Zidell, 140 Or 11, 15 , 10 P2d 365 , 12 P2d 1118 (1932), another automobile-pedestrian case, the court observed, "It is the duty of the driver of an automobile to sound the horn whenever in the exercise of reasonable vigilance an ordinarily prudent person would do so.” 140 Or at 15 . | 1 | 1981–1981 |
Gano v. Zidell
green
2 sentences1981Its use is required only when a warning reasonably appears necessary oris commanded by statute.” (Emphasis added.) In Gano v. Zidell, 140 Or 11, 15 , 10 P2d 365 , 12 P2d 1118 (1932), another automobile-pedestrian case, the court observed, "It is the duty of the driver of an automobile to sound the horn whenever in the exercise of reasonable vigilance an ordinarily prudent person would do so.” 140 Or at 15 . 1981Its use is required only when a warning reasonably appears necessary oris commanded by statute.” (Emphasis added.) In Gano v. Zidell, 140 Or 11, 15 , 10 P2d 365 , 12 P2d 1118 (1932), another automobile-pedestrian case, the court observed, "It is the duty of the driver of an automobile to sound the horn whenever in the exercise of reasonable vigilance an ordinarily prudent person would do so.” 140 Or at 15 . | 1 | 1981–1981 |
State v. Stark
green
1 sentence1975Parmentier v. Ransom, 179 Or 17 , 169 P2d 883 (1946); Klebaum v. Mitchell, 246 Or 196 , 424 P2d 219 (1967); Smith v. Fields Chevrolet, 239 Or 233 , 396 P2d 200 (1964); Simmons v. Holm, 229 Or 373 , 367 P2d 368 (1961).” 7 Or App at 149 . | 1 | 1975–1975 |
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.