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12 Oregon opinions name it 1 courts 2009–2025 4 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. Barriegreen2 sentences2024However, we also acknowledged that the general rule “is subject to the overarching due process concern * * * that a defendant must have notice and an opportunity to prepare a defense.” Id. at 383 . 2024However, we also acknowledged that the general rule “is subject to the overarching due process concern * * * that a defendant must have notice and an opportunity to prepare a defense.” Id. at 383 . | 2 | 6 |
Grog House, Inc. v. Oregon Liquor Control Commissiongreen2 sentences2009De Jonge v. State of Oregon, 299 US 353, 362 , 57 S Ct 255 , 81 L Ed 278 (1937) (“Conviction upon a charge not made would be sheer denial of due process.”); The *382 Grog House v. OLCC, 12 Or App 426, 432 , 507 P2d 419 (1973) (“[N]otice and an opportunity to prepare a defense are the requirements of due process * * *.”). 2009De Jonge v. State of Oregon, 299 US 353, 362 , 57 S Ct 255 , 81 L Ed 278 (1937) (“Conviction upon a charge not made would be sheer denial of due process.”); The *382 Grog House v. OLCC, 12 Or App 426, 432 , 507 P2d 419 (1973) (“[N]otice and an opportunity to prepare a defense are the requirements of due process * * *.”). | 2 | 2 |
De Jonge v. Oregongreen2 sentences2009De Jonge v. State of Oregon, 299 US 353, 362 , 57 S Ct 255 , 81 L Ed 278 (1937) (“Conviction upon a charge not made would be sheer denial of due process.”); The *382 Grog House v. OLCC, 12 Or App 426, 432 , 507 P2d 419 (1973) (“[N]otice and an opportunity to prepare a defense are the requirements of due process * * *.”). 2009De Jonge v. State of Oregon, 299 US 353, 362 , 57 S Ct 255 , 81 L Ed 278 (1937) (“Conviction upon a charge not made would be sheer denial of due process.”); The *382 Grog House v. OLCC, 12 Or App 426, 432 , 507 P2d 419 (1973) (“[N]otice and an opportunity to prepare a defense are the requirements of due process * * *.”). | 2 | 2 |
Villanueva v. Board of Psychologist Examinersgreen2 sentences2015See Villanueva v. Board of Psychologist Examiners, 175 Or App 345, 358 , 27 P3d 1100 (2001), adh’d to on recons, 179 Or App 134 , 39 P3d 238 (2002) (holding that, where the notice, and pre-hearing letters, to the petitioner repeatedly tied the issue of consent to violations of certain ethical rules, and not the rule on which the board later based its order, “[petitioner reasonably could have understood that the question of consent was limited to those allegations [.]”). 2015See Villanueva v. Board of Psychologist Examiners, 175 Or App 345, 358 , 27 P3d 1100 (2001), adh’d to on recons, 179 Or App 134 , 39 P3d 238 (2002) (holding that, where the notice, and pre-hearing letters, to the petitioner repeatedly tied the issue of consent to violations of certain ethical rules, and not the rule on which the board later based its order, “[petitioner reasonably could have understood that the question of consent was limited to those allegations [.]”). | 1 | 1 |
Villanueva v. Board of Psychologist Examinersgreen2 sentences2015See Villanueva v. Board of Psychologist Examiners, 175 Or App 345, 358 , 27 P3d 1100 (2001), adh’d to on recons, 179 Or App 134 , 39 P3d 238 (2002) (holding that, where the notice, and pre-hearing letters, to the petitioner repeatedly tied the issue of consent to violations of certain ethical rules, and not the rule on which the board later based its order, “[petitioner reasonably could have understood that the question of consent was limited to those allegations [.]”). 2015See Villanueva v. Board of Psychologist Examiners, 175 Or App 345, 358 , 27 P3d 1100 (2001), adh’d to on recons, 179 Or App 134 , 39 P3d 238 (2002) (holding that, where the notice, and pre-hearing letters, to the petitioner repeatedly tied the issue of consent to violations of certain ethical rules, and not the rule on which the board later based its order, “[petitioner reasonably could have understood that the question of consent was limited to those allegations [.]”). | 1 | 1 |
State v. Cookgreen2 sentences2014See State v. Delaportilla, 250 Or App 25, 29 , 279 P3d 824 , rev den, 352 Or 666 (state’s petition), and rev den, 353 Or 127 (defendant’s petition) (2012) (“A court cannot convict on a charge for which the defendant was not indicted unless the conviction is for an offense that is a lesser-included offense ‘within the offense charged in the indictment.’” (quoting State v. Cook, 163 Or App 578, 581 , 989 P2d 474 (1999))); State v. Barrie, 227 Or App 378, 381 , 206 P3d 256 (2009) (“It is a basic component of a defendant’s fundamental right to due process that a court may not find him guilty of a 2014See State v. Delaportilla, 250 Or App 25, 29 , 279 P3d 824 , rev den, 352 Or 666 (state’s petition), and rev den, 353 Or 127 (defendant’s petition) (2012) (“A court cannot convict on a charge for which the defendant was not indicted unless the conviction is for an offense that is a lesser-included offense ‘within the offense charged in the indictment.’” (quoting State v. Cook, 163 Or App 578, 581 , 989 P2d 474 (1999))); State v. Barrie, 227 Or App 378, 381 , 206 P3d 256 (2009) (“It is a basic component of a defendant’s fundamental right to due process that a court may not find him guilty of a | 1 | 1 |
State v. Delaportillagreen2 sentences2014See State v. Delaportilla, 250 Or App 25, 29 , 279 P3d 824 , rev den, 352 Or 666 (state’s petition), and rev den, 353 Or 127 (defendant’s petition) (2012) (“A court cannot convict on a charge for which the defendant was not indicted unless the conviction is for an offense that is a lesser-included offense ‘within the offense charged in the indictment.’” (quoting State v. Cook, 163 Or App 578, 581 , 989 P2d 474 (1999))); State v. Barrie, 227 Or App 378, 381 , 206 P3d 256 (2009) (“It is a basic component of a defendant’s fundamental right to due process that a court may not find him guilty of a 2014See State v. Delaportilla, 250 Or App 25, 29 , 279 P3d 824 , rev den, 352 Or 666 (state’s petition), and rev den, 353 Or 127 (defendant’s petition) (2012) (“A court cannot convict on a charge for which the defendant was not indicted unless the conviction is for an offense that is a lesser-included offense ‘within the offense charged in the indictment.’” (quoting State v. Cook, 163 Or App 578, 581 , 989 P2d 474 (1999))); State v. Barrie, 227 Or App 378, 381 , 206 P3d 256 (2009) (“It is a basic component of a defendant’s fundamental right to due process that a court may not find him guilty of a | 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. Arney
green
2 sentences2025“It is a basic component of a defendant’s fundamental right to due process that a court may not find him guilty of a crime for which he has not received notice or an opportunity to prepare a defense.” State v. Arney, 233 Or App 148, 155 , 225 P3d 125 (2010) (internal quotation marks omitted). 2025“It is a basic component of a defendant’s fundamental right to due process that a court may not find him guilty of a crime for which he has not received notice or an opportunity to prepare a defense.” State v. Arney, 233 Or App 148, 155 , 225 P3d 125 (2010) (internal quotation marks omitted). | 2 | 2025–2025 |
Murphy v. Oregon Medical Board
green
1 sentence2018Id . at 631, 348 P.3d 1173 . | 1 | 2018–2018 |
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.