party seeking instruction in Oregon

12 Oregon opinions name it 3 courts 1985–2023 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.

Followed or applied (4)

Case	Followed	Cited
State v. Kinstlergreen orctapp · 2020 · cited in 1 Oregon opinions naming this issue, 2023–2023 2 sentences 2023Id. at 608 ; see also State v. Kinstler, 307 Or App 517, 523-24 , 478 P3d 595 (2020) (the instruction is not required when “discrepancies, even when viewed in the light most favorable to defendant, are of the type that suggest lapses in memory, differences in perspective, and, at worst, an example of a witness’s selective choice of words to downplay his potential role”). 2023Id. at 608 ; see also State v. Kinstler, 307 Or App 517, 523-24 , 478 P3d 595 (2020) (the instruction is not required when “discrepancies, even when viewed in the light most favorable to defendant, are of the type that suggest lapses in memory, differences in perspective, and, at worst, an example of a witness’s selective choice of words to downplay his potential role”).	1	1
State v. Wrightgreen orctapp · 2018 · cited in 1 Oregon opinions naming this issue, 2020–2020 2 sentences 2020Synthesizing Oregon case law, Wright explained that “a party seeking to challenge a trial court’s denial of a for-cause challenge to a potential juror must cre- ate a record establishing prejudice in two distinct respects.” 294 Or App at 773 (emphasis in original). 2020Rather, as we explained in Wright, “[t]hrough a series of cases stretching back nearly a century, Oregon courts have established that a party seeking to challenge a trial court’s denial of a for- cause challenge to a potential juror must create a record establishing prejudice * * *.” 294 Or App at 773 .	1	1
State v. Cranegreen wash · 1991 · cited in 1 Oregon opinions naming this issue, 2015–2015 1 sentence 2015See, e.g., State v. Petrich, 101 Wash 2d 566, 683 P2d 173 (1984) (describing rule); State v. Kitchen, 110 Wash 2d 403, 756 P2d 105 (1988) (applying rule, but concluding error was harmless); see also State v. Crane, 116 Wash 2d 315, 804 P2d 10 (1991) (recognizing that the rule does not apply when multiple acts are part of the same course of conduct).	1	1
State v. Petrichred wash · 1984 · cited in 1 Oregon opinions naming this issue, 2015–2015 1 sentence 2015See, e.g., State v. Petrich, 101 Wash 2d 566, 683 P2d 173 (1984) (describing rule); State v. Kitchen, 110 Wash 2d 403, 756 P2d 105 (1988) (applying rule, but concluding error was harmless); see also State v. Crane, 116 Wash 2d 315, 804 P2d 10 (1991) (recognizing that the rule does not apply when multiple acts are part of the same course of conduct).	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 (16)

Case	Cited	Years
State v. Brown green or · 1988 2 sentences 2002State v. Brown, 306 Or 599, 607 , 761 P2d 1300 (1988). 2002State v. Brown, 306 Or 599, 607 , 761 P2d 1300 (1988).	2	1988–2002
State v. Theriault green orctapp · 2019 2 sentences 2023State v. Theriault, 300 Or App 243, 250 , 452 P3d 1051 (2019). 2023State v. Theriault, 300 Or App 243, 250 , 452 P3d 1051 (2019).	1	2023–2023
State v. Wilcox neutral orctapp · 2023 1 sentence 2023In his first assignment of error, defendant contends that, under Article I, section 11, of the Oregon Constitution, the jurors were required to agree on the factual occurrence that supported the UUW charge.1 Whether the trial court 1 Article I, section 11, provides, in part: “In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed[.]” Nonprecedential Memo Op: 327 Or App 687 (2023) 689 is required to give a concurrence instruction to the jury is a question of law, which we review for legal e	1	2023–2023
State v. Payne green or · 2020 2 sentences 2023The witness-false-in-part instruction comes from ORS 10.095(3), which provides that the jury is “to be instructed by the court on all proper occasions * * * [t]hat a witness false in one part of the testimony of the witness may be distrusted in others.” The Supreme Court recently explained that the instruction should be given when the trial court concludes, in the light most favorable to the party seeking the instruction, that “sufficient evidence exists for the jury to decide that at least one witness consciously testi- fied falsely and that the false testimony concerns a material 810 State v 2023Id. at 608 ; see also State v. Kinstler, 307 Or App 517, 523-24 , 478 P3d 595 (2020) (the instruction is not required when “discrepancies, even when viewed in the light most favorable to defendant, are of the type that suggest lapses in memory, differences in perspective, and, at worst, an example of a witness’s selective choice of words to downplay his potential role”).	1	2023–2023
Dorn v. Three Rivers School Dist. green orctapp · 2020 1 sentence 2020As Wright establishes, the party appealing a trial court’s for-cause Cite as 306 Or App 103 (2020) 119 ruling is responsible for creating a record that establishes prejudice or, at a minimum, objecting to the trial court’s refusal to create such a record.	1	2020–2020
State v. Marsh green orctapp · 2003 2 sentences 2018We therefore write only to address whether defendant's proposed instruction was a correct statement of the law, and do not reach the question whether the uniform instruction is adequate to address the principles established in Lawson/James . 2 "We review a trial court's refusal to give a requested jury instruction for error as a matter of law, and we review the evidence in support of the instruction in the light most favorable to [the] defendant, the party seeking the instruction[.]" State v. Marsh , 186 Or. 2018App. 612 , 614, 64 P.3d 1141 , rev. den. , 335 Or. 655 , 75 P.3d 899 (2003) (internal quotation marks and citation omitted). *855 A defendant is entitled to have the jury instructed in accordance with his theory of the case "if the instruction correctly states the law and there is evidence to support giving it." State v. McNally , 361 Or. 314 , 320, 392 P.3d 721 (2017).	1	2018–2018
State v. McNally green or · 2017 2 sentences 2018App. 612 , 614, 64 P.3d 1141 , rev. den. , 335 Or. 655 , 75 P.3d 899 (2003) (internal quotation marks and citation omitted). 855 A defendant is entitled to have the jury instructed in accordance with his theory of the case "if the instruction correctly states the law and there is evidence to support giving it." State v. McNally , 361 Or. 314 , 320, 392 P.3d 721 (2017). 2018App. 612 , 614, 64 P.3d 1141 , rev. den. , 335 Or. 655 , 75 P.3d 899 (2003) (internal quotation marks and citation omitted). 855 A defendant is entitled to have the jury instructed in accordance with his theory of the case "if the instruction correctly states the law and there is evidence to support giving it." State v. McNally , 361 Or. 314 , 320, 392 P.3d 721 (2017).	1	2018–2018
Harvey v. Davis neutral orctapp · 2016 2 sentences 2016Cf. Harvey v. Davis, 276 Or App 680, 685-86 , 371 P3d 1208 (2016). 2016Cf. Harvey v. Davis, 276 Or App 680, 685-86 , 371 P3d 1208 (2016).	1	2016–2016
State v. Ashkins green or · 2015 1 sentence 2015Cite as 357 Or 642 (2015) 649 or the jury should be instructed that it either must concur on a specific occurrence or concur that the defendant committed all the acts described by the victim.	1	2015–2015
State v. Kitchen green wash · 2004 1 sentence 2015See, e.g., State v. Petrich, 101 Wash 2d 566, 683 P2d 173 (1984) (describing rule); State v. Kitchen, 110 Wash 2d 403, 756 P2d 105 (1988) (applying rule, but concluding error was harmless); see also State v. Crane, 116 Wash 2d 315, 804 P2d 10 (1991) (recognizing that the rule does not apply when multiple acts are part of the same course of conduct).	1	2015–2015
State v. Moore green or · 1996 2 sentences 2003We agree with the state and affirm. ‘We review a trial court’s refusal to give a requested jury instruction for error as a matter of law,” State v. Moore, 324 Or 396, 427 , 927 P2d 1073 (1996), and we review “the evidence in support of the instruction in the light most favorable to defendant, the party seeking the instruction,” State v. Dollar, 181 Or App 354, 356 , 45 P3d 1014 (2002). 2003We agree with the state and affirm. ‘We review a trial court’s refusal to give a requested jury instruction for error as a matter of law,” State v. Moore, 324 Or 396, 427 , 927 P2d 1073 (1996), and we review “the evidence in support of the instruction in the light most favorable to defendant, the party seeking the instruction,” State v. Dollar, 181 Or App 354, 356 , 45 P3d 1014 (2002).	1	2003–2003
State v. Dollar neutral orctapp · 2002 2 sentences 2003We agree with the state and affirm. ‘We review a trial court’s refusal to give a requested jury instruction for error as a matter of law,” State v. Moore, 324 Or 396, 427 , 927 P2d 1073 (1996), and we review “the evidence in support of the instruction in the light most favorable to defendant, the party seeking the instruction,” State v. Dollar, 181 Or App 354, 356 , 45 P3d 1014 (2002). 2003We agree with the state and affirm. ‘We review a trial court’s refusal to give a requested jury instruction for error as a matter of law,” State v. Moore, 324 Or 396, 427 , 927 P2d 1073 (1996), and we review “the evidence in support of the instruction in the light most favorable to defendant, the party seeking the instruction,” State v. Dollar, 181 Or App 354, 356 , 45 P3d 1014 (2002).	1	2003–2003
State v. Taylor green orctapp · 1993 2 sentences 2002State v. Taylor, 123 Or App 343, 346 , 858 P2d 1358 (1993). 2002State v. Taylor, 123 Or App 343, 346 , 858 P2d 1358 (1993).	1	2002–2002
State v. Reyes-Camarena green or · 2000 2 sentences 2002We review the trial court’s failure to give the requested jury instruction for errors of law, State v. Reyes-Camarena, 330 Or 431, 441 , 7 P3d 522 (2000), evaluating the evidence in support of the instruction in the light most favorable to defendant, the party seeking the instruction. 2002We review the trial court’s failure to give the requested jury instruction for errors of law, State v. Reyes-Camarena, 330 Or 431, 441 , 7 P3d 522 (2000), evaluating the evidence in support of the instruction in the light most favorable to defendant, the party seeking the instruction.	1	2002–2002
State v. Washington green or · 1975 2 sentences 1985State v. Washington, 273 Or 829, 836 , 543 P2d 1058 (1975). 1985State v. Washington, 273 Or. 829, 836 , 543 P.2d 1058 (1975).	1	1985–1985
State v. Washington green or · 1975 2 sentences 1985State v. Washington, 273 Or 829, 836 , 543 P2d 1058 (1975). 1985State v. Washington, 273 Or. 829, 836 , 543 P.2d 1058 (1975).	1	1985–1985

Where else courts name it

PA 70 (1940–2025) GA 60 (1986–2026) IN 57 (1994–2026) TX 50 (1968–2025) NY 41 (1980–2023) IL 40 (1975–2024) CA 31 (1964–2025) NJ 27 (1969–2025) OH 21 (1990–2026) IA 20 (1990–2025) AL 14 (1975–2014) WA 14 (2001–2026) WI 13 (1967–2022) OR 12 (1985–2023) NM 11 (2001–2021) NC 10 (2001–2025) FL 10 (1987–2022) CT 9 (1991–2021) MA 9 (1974–2024) TN 9 (2002–2026) AZ 7 (1982–2020) LA 7 (1997–2024) DC 6 (1986–2019) AK 6 (1981–2009) MO 5 (1995–2016) ME 5 (2003–2022) MN 5 (1997–2017) KY 4 (2018–2024) NV 4 (2015–2015) DE 4 (1996–2019) CO 4 (2006–2024) AR 4 (1979–2017) WV 4 (1998–2023) NH 3 (1976–2017) MD 3 (2006–2018) UT 2 (2017–2021) RI 2 (1978–1998) VT 2 (2018–2020) KS 2 (2013–2017) MT 2 (2002–2012) MI 2 (2016–2021)

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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