consequences instruction in Oregon

12 Oregon opinions name it 2 courts 1914–2022 1 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 (6)

Case	Followed	Cited
Archibald Lyles v. United Statesgreen cadc · 1958 · cited in 2 Oregon opinions naming this issue, 1998–2001 2 sentences 2001Lyles v. United States, 254 F.2d 725, 728 (D.C.Cir.1957), provides the classic statement of that position. 1998Indeed, even in Lyles, the court indicated that it would not be "reversible error" for a trial court not to give a consequences instruction if it is objected to by the defendant. 254 F.2d at 728-29 .	1	2
People v. Goadgreen mich · 1985 · cited in 1 Oregon opinions naming this issue, 2001–2001 2 sentences 2001Because of the lack of analysis in those cases, they have little persuasive value. [5] For a more extensive discussion of this point in the context of a similar instruction, see People v. Goad, 421 Mich. 20 , 364 N.W.2d 584, 589-92 (1984). [6] My citations to other jurisdictions are exemplary rather than exhaustive. 2001Because of the lack of analysis in those cases, they have little persuasive value. [5] For a more extensive discussion of this point in the context of a similar instruction, see People v. Goad, 421 Mich. 20 , 364 N.W.2d 584, 589-92 (1984). [6] My citations to other jurisdictions are exemplary rather than exhaustive.	1	1
State v. Hamiltongreen kan · 1975 · cited in 1 Oregon opinions naming this issue, 2001–2001 2 sentences 2001Neither the state nor the majority suggests any legitimate purpose for the instruction or any way in which it could legitimately benefit the state's case. [3] In Shannon , the Court expressly rejected the holding of Lyles , which required the trial court to give a consequences instruction at the defendant's request. [4] See, e.g., State v. Hamilton, 216 Kan. 559 , 534 P.2d 226, 228-31 (1975) (the defendant did not object to instruction at trial and it was not clearly erroneous as a matter of law; no significant discussion of effect of the defendant's objection); Kuk v. State, 80 Nev. 291 , 392 2001Neither the state nor the majority suggests any legitimate purpose for the instruction or any way in which it could legitimately benefit the state's case. [3] In Shannon , the Court expressly rejected the holding of Lyles , which required the trial court to give a consequences instruction at the defendant's request. [4] See, e.g., State v. Hamilton, 216 Kan. 559 , 534 P.2d 226, 228-31 (1975) (the defendant did not object to instruction at trial and it was not clearly erroneous as a matter of law; no significant discussion of effect of the defendant's objection); Kuk v. State, 80 Nev. 291 , 392	1	1
Kuk v. Stategreen nev · 1964 · cited in 1 Oregon opinions naming this issue, 2001–2001 2 sentences 2001Neither the state nor the majority suggests any legitimate purpose for the instruction or any way in which it could legitimately benefit the state's case. [3] In Shannon , the Court expressly rejected the holding of Lyles , which required the trial court to give a consequences instruction at the defendant's request. [4] See, e.g., State v. Hamilton, 216 Kan. 559 , 534 P.2d 226, 228-31 (1975) (the defendant did not object to instruction at trial and it was not clearly erroneous as a matter of law; no significant discussion of effect of the defendant's objection); Kuk v. State, 80 Nev. 291 , 392 2001Neither the state nor the majority suggests any legitimate purpose for the instruction or any way in which it could legitimately benefit the state's case. [3] In Shannon , the Court expressly rejected the holding of Lyles , which required the trial court to give a consequences instruction at the defendant's request. [4] See, e.g., State v. Hamilton, 216 Kan. 559 , 534 P.2d 226, 228-31 (1975) (the defendant did not object to instruction at trial and it was not clearly erroneous as a matter of law; no significant discussion of effect of the defendant's objection); Kuk v. State, 80 Nev. 291 , 392	1	1
Hughes v. Hebertgreen nh · 1965 · cited in 1 Oregon opinions naming this issue, 1992–1992 1 sentence 1992See Hughes v. Hebert, 106 NH 176, 177, 207 A2d 432 (1965).	1	1
United States v. Kubrickgreen scotus · 1979 · cited in 1 Oregon opinions naming this issue, 1987–1987 2 sentences 1987See Kubrick, 444 U.S. at 124 , 100 S.Ct. at 360 (incompetent or mistaken advice as to the existence of claim does not toll statute). 1987See Kubrick, 444 U.S. at 124 , 100 S.Ct. at 360 (incompetent or mistaken advice as to the existence of claim does not toll statute).	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 (21)

Case	Cited	Years
Faretta v. California green scotus · 1975 2 sentences 2018It "does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense," and that is because "it is [the accused] who suffers the consequences if the defense fails." Id . at 819-20, 95 S.Ct. 2525 . 1999“THE COURT: I’ll deny it so you will remain on the case.” In Faretta v. California, 422 US 806, 819-20 , 95 S Ct 2525 , 45 L Ed 2d 562 (1975), the Court explained: “The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense. * * * The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.	2	1999–2018
Shannon v. United States green scotus · 1994 2 sentences 1998It appealed to the fears of the jurors and tended to persuade them to convict rather than risk that defendant would soon be released." Id. at 85 , 715 P.2d 96 . [4] Similarly, in Shannon , the Court noted that the defendant's reason for seeking the consequences instruction was to prevent the jurors from mistakenly believing that "a defendant who is found NGI will be immediately released into society," 512 U.S. at 584 , 114 S.Ct. 2419 . 1998It appealed to the fears of the jurors and tended to persuade them to convict rather than risk that defendant would soon be released." Id. at 85 , 715 P.2d 96 . [4] Similarly, in Shannon , the Court noted that the defendant's reason for seeking the consequences instruction was to prevent the jurors from mistakenly believing that "a defendant who is found NGI will be immediately released into society," 512 U.S. at 584 , 114 S.Ct. 2419 .	2	1998–2001
State v. McWilliams green orctapp · 1977 2 sentences 2022The trial court is “not required to give a specifically requested instruction where it chooses to present different instructions that adequately cover the same subject.” State v. McWilliams, 29 Or App 101, 106 , 562 P2d 577 , rev den, 279 Or 1 (1977). 2022The trial court is “not required to give a specifically requested instruction where it chooses to present different instructions that adequately cover the same subject.” State v. McWilliams, 29 Or App 101, 106 , 562 P2d 577 , rev den, 279 Or 1 (1977).	1	2022–2022
Gideon v. Wainwright green scotus · 1963 2 sentences 2018In Faretta , the Supreme Court acknowledged that its conclusion could be seen "to cut against the grain of [its] decisions holding that the Constitution requires that no accused can be convicted and imprisoned unless he has been accorded the right to the assistance of counsel," given that the "basic thesis of those decisions is that the help of a lawyer is essential to assure the defendant a fair trial." Id . at 832-33, 95 S.Ct. 2525 (citing, inter alia , Gideon , 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ). 2018In Faretta , the Supreme Court acknowledged that its conclusion could be seen "to cut against the grain of [its] decisions holding that the Constitution requires that no accused can be convicted and imprisoned unless he has been accorded the right to the assistance of counsel," given that the "basic thesis of those decisions is that the help of a lawyer is essential to assure the defendant a fair trial." Id . at 832-33, 95 S.Ct. 2525 (citing, inter alia , Gideon , 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ).	1	2018–2018
State v. Menefee green orctapp · 2014 2 sentences 2018Given the lack of warnings about both the consequences of the waiver of the right to counsel and the consequences of the defendant's conduct, it made sense for the Court of Appeals to rule that a "trial court cannot proceed in the defendant's absence unless and until [it] has either secured the defendant's waiver of his or her right to representation at trial or has taken some other course of action that protects the defendant's right to representation *." Menefee , 268 Or. 2018**App. at 185 , 341 P.3d 229 .	1	2018–2018
State v. Amini green orctapp · 1998 2 sentences 2001Amini, 154 Or.App. at 600-01 , 963 P.2d 65 . 2001Amini, 154 Or.App. at 600-01 , 963 P.2d 65 .	1	2001–2001
Campbell v. Bates green mad · 1976 2 sentences 1998Finally, in Campbell v. Bates, 416 F.Supp. 1111 (D.Mass.1976), in response to a due process argument by the defendant over the failure of the trial court to give a consequences instruction, the court held "there does not appear to be a constitutional underpinning to this argument." Id. at 1111 . 1998Finally, in Campbell v. Bates, 416 F.Supp. 1111 (D.Mass.1976), in response to a due process argument by the defendant over the failure of the trial court to give a consequences instruction, the court held "there does not appear to be a constitutional underpinning to this argument." Id. at 1111 .	1	1998–1998
State v. Wall green orctapp · 1986 2 sentences 1998It appealed to the fears of the jurors and tended to persuade them to convict rather than risk that defendant would soon be released." Id. at 85 , 715 P.2d 96 . [4] Similarly, in Shannon , the Court noted that the defendant's reason for seeking the consequences instruction was to prevent the jurors from mistakenly believing that "a defendant who is found NGI will be immediately released into society," 512 U.S. at 584 , 114 S.Ct. 2419 . 1998It appealed to the fears of the jurors and tended to persuade them to convict rather than risk that defendant would soon be released." Id. at 85 , 715 P.2d 96 . [4] Similarly, in Shannon , the Court noted that the defendant's reason for seeking the consequences instruction was to prevent the jurors from mistakenly believing that "a defendant who is found NGI will be immediately released into society," 512 U.S. at 584 , 114 S.Ct. 2419 .	1	1998–1998
Jackson v. Denno green scotus · 1964 2 sentences 1998For our purposes it is not necessary to present the separate facts of each case. [13] The court was distinguishing the case of Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), which held unconstitutional a New York law that allowed the trial jury alone to decide the issue of voluntariness of a challenged confession. [14] The only real support for the majority opinion's belief that a consequences instruction might prejudice the defendant is Shannon . 1998For our purposes it is not necessary to present the separate facts of each case. [13] The court was distinguishing the case of Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), which held unconstitutional a New York law that allowed the trial jury alone to decide the issue of voluntariness of a challenged confession. [14] The only real support for the majority opinion's belief that a consequences instruction might prejudice the defendant is Shannon .	1	1998–1998
Bassik v. Scully green nyed · 1984 2 sentences 1998In Bassik v. Scully, 588 F.Supp. 895 (E.D.N.Y.1984), the defendant argued that due process imposes a general requirement that a jury be informed of the consequences of an insanity verdict. 1998In Bassik v. Scully, 588 F Supp 895 (EDNY 1984), the defendant argued that due process imposes a general requirement that a jury be informed of the consequences of an insanity verdict.	1	1998–1998
Erdman v. State green md · 1989 2 sentences 1998In doing so, the Court re-affirmed the well established common law rule that "juries are not to consider the consequences of their verdicts." Id. at 579 , 114 S.Ct. 2419 . 1998However, the Court clearly indicated that under its supervisory powers it could require a consequences instruction and that “Congress certainly could have included a provision requiring the instruction Shannon seeks.” Id. at 587 . 10 The majority opinion relies on Shannon for its contention that a consequences instruction is a two-edged sword.	1	1998–1998
Hoffman Estates v. Flipside, Hoffman Estates, Inc. green scotus · 1982 2 sentences 1994Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., supra, 455 U.S. at 498-99 , 102 S.Ct. at 1193-94 . 1994Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., supra, 455 U.S. at 498-99 , 102 S.Ct. at 1193-94 .	1	1994–1994
State v. Boswell neutral orctapp · 1988 2 sentences 1992State v. Boswell, 92 Or App 652 , 760 P2d 276 (1988). 1992State v. Boswell, 92 Or App 652 , 760 P2d 276 (1988).	1	1992–1992
Consolidated Edison Co. v. National Labor Relations Board green scotus · 1938 2 sentences 1975Cf. Carpenters Local v. Labor Board, 365 US 651, 655 , 81 S Ct 875 , 6 L Ed 2d 1 (1961), which quoted with approval from Consolidated Edison Co. v. NLRB, 305 US 197, 236 , 59 S Ct 206 , 83 L Ed 126 (1938) in its holding that the power of the NLRB “* * * to command affirmative action is remedial, not punitive, and is to be exercised in aid of the Board’s authority to restrain violations 496 and as a means of removing or avoiding the consequences of violation where those consequences are of a kind to thwart the purposes of the Act.” The “Liaison” provision of the order will he deleted in its en 1975Cf. Carpenters Local v. Labor Board, 365 US 651, 655 , 81 S Ct 875 , 6 L Ed 2d 1 (1961), which quoted with approval from Consolidated Edison Co. v. NLRB, 305 US 197, 236 , 59 S Ct 206 , 83 L Ed 126 (1938) in its holding that the power of the NLRB “ * * to command affirmative action is remedial, not punitive, and is to be exercised in aid of the Board’s authority to restrain violations *496 and as a means of removing or avoiding the consequences of violation where those consequences are of a kind to thwart the purposes of the Act.” The “Liaison” provision of the order will he deleted in its en	1	1975–1975
Local 60, United Brotherhood of Carpenters & Joiners v. National Labor Relations Board green scotus · 1961 2 sentences 1975Cf. Carpenters Local v. Labor Board, 365 US 651, 655 , 81 S Ct 875 , 6 L Ed 2d 1 (1961), which quoted with approval from Consolidated Edison Co. v. NLRB, 305 US 197, 236 , 59 S Ct 206 , 83 L Ed 126 (1938) in its holding that the power of the NLRB “* * * to command affirmative action is remedial, not punitive, and is to be exercised in aid of the Board’s authority to restrain violations 496 and as a means of removing or avoiding the consequences of violation where those consequences are of a kind to thwart the purposes of the Act.” The “Liaison” provision of the order will he deleted in its en 1975Cf. Carpenters Local v. Labor Board, 365 US 651, 655 , 81 S Ct 875 , 6 L Ed 2d 1 (1961), which quoted with approval from Consolidated Edison Co. v. NLRB, 305 US 197, 236 , 59 S Ct 206 , 83 L Ed 126 (1938) in its holding that the power of the NLRB “ * * to command affirmative action is remedial, not punitive, and is to be exercised in aid of the Board’s authority to restrain violations *496 and as a means of removing or avoiding the consequences of violation where those consequences are of a kind to thwart the purposes of the Act.” The “Liaison” provision of the order will he deleted in its en	1	1975–1975
Gaines v. . City of New York green ny · 1915 2 sentences 1972Questions of jurisdiction are often obscure and intricate. * * * There is nothing in the reason of the rule that calls for a distinction between the consequences of error in respect of the jurisdiction of the court and the consequences of any other error in respect of a suitor's rights." 109 N.E. at 596 . 1972Questions of jurisdiction are often obscure and intricate. * * * There is nothing in the reason of the rule that calls for a distinction between the consequences of error in respect of the jurisdiction of the court and the consequences of any other error in respect of a suitor’s rights.” 109 NE at 596 .	1	1972–1972
Whale v. Gatch green or · 1902 1 sentence 1914It is equally true that the mere circumstance that an individual occupies at the time an official position in the state will not protect him from the consequences of his violation of its laws or the infringement of the rights of another: Salem Mills Co. v. Lord, 42 Or. 82 ( 69 Pac. 1033 , 70 Pac. 832 ); Taylor Sands Fishing Co. v. State Land Board, 56 Or. 157 ( 108 Pac. 126 ); Corvallis & Eastern R.	1	1914–1914
Salem Mills Co. v. Lord green or · 1902 2 sentences 1914It is equally true that the mere circumstance that an individual occupies at the time an official position in the state will not protect him from the consequences of his violation of its laws or the infringement of the rights of another: Salem Mills Co. v. Lord, 42 Or. 82 ( 69 Pac. 1033 , 70 Pac. 832 ); Taylor Sands Fishing Co. v. State Land Board, 56 Or. 157 ( 108 Pac. 126 ); Corvallis & Eastern R. 1914It is equally true that the mere circumstance that an individual occupies at the time an official position in the state will not protect him from the consequences of his violation of its laws or the infringement of the rights of another: Salem Mills Co. v. Lord, 42 Or. 82 ( 69 Pac. 1033 , 70 Pac. 832 ); Taylor Sands Fishing Co. v. State Land Board, 56 Or. 157 ( 108 Pac. 126 ); Corvallis & Eastern R.	1	1914–1914
Taylor Sands Fishing Co. v. State Land Board green · 1910 2 sentences 1914It is equally true that the mere circumstance that an individual occupies at the time an official position in the state will not protect him from the consequences of his violation of its laws or the infringement of the rights of another: Salem Mills Co. v. Lord, 42 Or. 82 ( 69 Pac. 1033 , 70 Pac. 832 ); Taylor Sands Fishing Co. v. State Land Board, 56 Or. 157 ( 108 Pac. 126 ); Corvallis & Eastern R. 1914It is equally true that the mere circumstance that an individual occupies at the time an official position in the state will not protect him from the consequences of his violation of its laws or the infringement of the rights of another: Salem Mills Co. v. Lord, 42 Or. 82 ( 69 Pac. 1033 , 70 Pac. 832 ); Taylor Sands Fishing Co. v. State Land Board, 56 Or. 157 ( 108 Pac. 126 ); Corvallis & Eastern R.	1	1914–1914
Corvallis & Eastern R. Co. v. Benson green · 1912 1 sentence 1914Co. v. Benson, 61 Or. 359 ( 121 Pac. 418 ); Franks v. Smith, 142 Ky. 232 ( 134 S. W. 484 , Ann.	1	1914–1914
Franks v. Smith green kyctapp · 1911 2 sentences 1914Co. v. Benson, 61 Or. 359 ( 121 Pac. 418 ); Franks v. Smith, 142 Ky. 232 ( 134 S. W. 484 , Ann. 1914Co. v. Benson, 61 Or. 359 ( 121 Pac. 418 ); Franks v. Smith, 142 Ky. 232 ( 134 S. W. 484 , Ann.	1	1914–1914

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 161.313 (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

NY 193 (1888–2026) TX 129 (1893–2025) CA 98 (1871–2025) IL 90 (1932–2026) TN 67 (1872–2026) OH 67 (1990–2026) CT 58 (1939–2026) FL 44 (1910–2026) PA 41 (1906–2024) NC 38 (1943–2021) MN 37 (1979–2026) NJ 35 (1903–2024) MA 30 (1906–2025) MI 26 (1932–2018) WA 25 (1940–2021) MD 24 (1903–2021) LA 23 (1905–2025) IN 20 (1890–2019) WV 17 (1885–2020) UT 17 (1897–2024) IA 16 (1883–2018) KY 16 (1912–2024) AL 16 (1983–2017) ID 16 (1929–2018) KS 15 (1907–2024) VT 15 (1848–2017) OK 13 (1948–2010) HI 13 (1981–2018) RI 12 (1976–2025) OR 12 (1914–2022) AZ 12 (1969–2024) NM 12 (1938–2023) SC 10 (1964–2023) MO 10 (1907–2011) GA 10 (1914–2020) CO 9 (1985–2012) ME 9 (1917–1995) WI 9 (1901–2024) DC 9 (1982–2015) DE 9 (1948–2025) MS 7 (1940–2022) NV 6 (1910–2017) NE 6 (1902–2017) ND 4 (1897–2015) AR 4 (1886–2017) MT 4 (1895–2024) WY 3 (1992–2002) SD 3 (1986–2004) AK 2 (1977–1984) PR 2 (1963–2004)

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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