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12 Oregon opinions name it 3 courts 1917–2026 3 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. Thomasgreen2 sentences2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration 2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration | 2 | 2 |
State v. McCluregreen2 sentences2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration 2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration | 2 | 2 |
State v. Z. W. Y.green2 sentences2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration 2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration | 2 | 2 |
State v. Rosegreen2 sentences2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration 2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration | 2 | 2 |
Horn v. California-Oregon Power Co.green1 sentence2012See Horn, 221 Or at 337 (“The responsibility of a defendant for the progress of a case is not the same as that of the plaintiff. * * * [T]he responsibility of seeing to it that the case is entered upon the docket for trial is that of the plaintiff.”). 7 The lack of notice and lack of an earlier motion on the part of a defendant might, in some circumstances, nonetheless inform a trial court’s decision whether to dismiss for lack of prosecution. | 1 | 1 |
Carroll v. Grand Ronde Electric Co.green2 sentences1917In Carroll v. Grande Ronde Electric Co., 52 Or. 370, 374 ( 97 Pac. 552 ), it was held that an instruction objected to on that ground was not subject to the interpretation undertaken to be placed upon it, thus showing that if the language used had been polemical the part of the charge would have been considered erroneous. 1917In Carroll v. Grande Ronde Electric Co., 52 Or. 370, 374 ( 97 Pac. 552 ), it was held that an instruction objected to on that ground was not subject to the interpretation undertaken to be placed upon it, thus showing that if the language used had been polemical the part of the charge would have been considered erroneous. | 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. Brunson
green
2 sentences2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration 2024“When a trial court imposes a sentence of incarcera- tion, it lacks authority to impose additional conditions in the form of ‘sentence instructions,’ as the trial court did here.” State v. Brunson, 303 Or App 668, 669 , 465 P3d 305 , rev den, 522 State v. Thorn 366 Or 826 (2020) (holding that the court lacked authority to impose both a sentence of incarceration and a sentence instruction that the defendant not enter property on which he had trespassed); see also State v. Rose, 303 Or App 811, 812 , 461 P3d 1109 (2020) (holding that the court lacked authority to impose a mandatory incarceration | 2 | 2024–2024 |
State v. Zoske
neutral
2 sentences2026State v. Zoske, 295 Or App 86, 87 , 433 P3d 485 (2018), adh’d to on recons, 296 Or App 82 (2019) (“Under ORS 137.010(7), when a sentencing court” sentences a person for an offense and it does not suspend imposition or execution of any part, “it ‘shall impose’ a sentence of a term of imprisonment, a fine, both imprisonment and a fine, or discharge of the defendant. * * * We have held that a trial court plainly erred by imposing, as part of the judgment in a criminal case, both a term of incarceration and a no-contact order * * *.”). 2026State v. Zoske, 295 Or App 86, 87 , 433 P3d 485 (2018), adh’d to on recons, 296 Or App 82 (2019) (“Under ORS 137.010(7), when a sentencing court” sentences a person for an offense and it does not suspend imposition or execution of any part, “it ‘shall impose’ a sentence of a term of imprisonment, a fine, both imprisonment and a fine, or discharge of the defendant. * * * We have held that a trial court plainly erred by imposing, as part of the judgment in a criminal case, both a term of incarceration and a no-contact order * * *.”). | 1 | 2026–2026 |
State v. Zoske
neutral
1 sentence2026State v. Zoske, 295 Or App 86, 87 , 433 P3d 485 (2018), adh’d to on recons, 296 Or App 82 (2019) (“Under ORS 137.010(7), when a sentencing court” sentences a person for an offense and it does not suspend imposition or execution of any part, “it ‘shall impose’ a sentence of a term of imprisonment, a fine, both imprisonment and a fine, or discharge of the defendant. * * * We have held that a trial court plainly erred by imposing, as part of the judgment in a criminal case, both a term of incarceration and a no-contact order * * *.”). | 1 | 2026–2026 |
Comcast Corp. II v. Dept. of Rev. (TC 5265)
green
1 sentence2020While this sentence could imply that the legislature intended that a ratio would consist either exclusively of audience numbers in both the numerator and denominator, or exclusively of subscriber numbers in both the numerator and denominator, the text of the sentence does not rule out the Cite as 24 OTR 250 (2020) 269 statutory text and context do not support the department’s position that the legislature intended to require cable com- panies to determine their ratio solely by the relative number of subscribers to their cable services. | 1 | 2020–2020 |
Jones v. General Motors Corp.
green
1 sentence1999Jones, 325 Or at 414-15 . | 1 | 1999–1999 |
State v. MacY
green
2 sentences1994State v. Macy, 295 Or 738, 742 , 671 P2d 92 (1983). 1994State v. Macy, 295 Or 738, 742 , 671 P2d 92 (1983). | 1 | 1994–1994 |
State v. Moeller
green
2 sentences1992The commentary is not controlling, State v. Moeller, 105 Or App 434 , 440 n 4, 806 P2d 130 , rev dismissed 312 Or 76 , 815 P2d 701 (1991), and, as defendant notes, the quoted part of the commentary does not address ORS 138.222(4)(a), which allows review of a sentence on a claim that the sentencing court failed to “comply with the requirements of law” in imposing the sentence. 1992The commentary is not controlling, State v. Moeller, 105 Or App 434 , 440 n 4, 806 P2d 130 , rev dismissed 312 Or 76 , 815 P2d 701 (1991), and, as defendant notes, the quoted part of the commentary does not address ORS 138.222(4)(a), which allows review of a sentence on a claim that the sentencing court failed to “comply with the requirements of law” in imposing the sentence. | 1 | 1992–1992 |
State v. Moeller
green
2 sentences1992The commentary is not controlling, State v. Moeller, 105 Or App 434 , 440 n 4, 806 P2d 130 , rev dismissed 312 Or 76 , 815 P2d 701 (1991), and, as defendant notes, the quoted part of the commentary does not address ORS 138.222(4)(a), which allows review of a sentence on a claim that the sentencing court failed to “comply with the requirements of law” in imposing the sentence. 1992The commentary is not controlling, State v. Moeller, 105 Or App 434 , 440 n 4, 806 P2d 130 , rev dismissed 312 Or 76 , 815 P2d 701 (1991), and, as defendant notes, the quoted part of the commentary does not address ORS 138.222(4)(a), which allows review of a sentence on a claim that the sentencing court failed to “comply with the requirements of law” in imposing the sentence. | 1 | 1992–1992 |
State v. Munro
green
2 sentences1992Defendant acknowledges that, in State v. Munro, 109 Or App 188, 193 , 818 P2d 971 (1991), rev den 312 Or 588 (1992), we stated that OAR 253-04-006(3) applies to “sentences” and that probation is not a sentence under that rule. 109 Or App at 193 . 1992Defendant acknowledges that, in State v. Munro, 109 Or App 188, 193 , 818 P2d 971 (1991), rev den 312 Or 588 (1992), we stated that OAR 253-04-006(3) applies to “sentences” and that probation is not a sentence under that rule. 109 Or App at 193 . | 1 | 1992–1992 |
State v. McKinney
neutral
2 sentences1987We stated, however, that “[a] reading of ORS 137.080 etseq., leaves open the question whether witnesses called at a sentence hearing are restricted to giving testimony subject to the rules of evidence.” 7 Or App at 250 . 1987We implied that it was error to admit-that evidence but stated that the testimony of the police officer was “merely cumulative and harmless under the circumstances,” 7 Or App at 250 , because the evidence was properly before the court in the presentence report and the police officer’s testimony was evidence of the same facts. | 1 | 1987–1987 |
Hornby v. Wiper
green
2 sentences1941Hornby v. Wiper, 155 Or. 203 , 63 P. (2d) 204 ; Dickson v. King, 151 Or. 512, 515 , 49 P. (2d) 367 ; Snabel v. Barber, 137 Or. 88 , 300 P. 331 ; 45 C. 1941Hornby v. Wiper, 155 Or. 203 , 63 P. (2d) 204 ; Dickson v. King, 151 Or. 512, 515 , 49 P. (2d) 367 ; Snabel v. Barber, 137 Or. 88 , 300 P. 331 ; 45 C. | 1 | 1941–1941 |
Dickson v. King
green
2 sentences1941Hornby v. Wiper, 155 Or. 203 , 63 P. (2d) 204 ; Dickson v. King, 151 Or. 512, 515 , 49 P. (2d) 367 ; Snabel v. Barber, 137 Or. 88 , 300 P. 331 ; 45 C. 1941Hornby v. Wiper, 155 Or. 203 , 63 P. (2d) 204 ; Dickson v. King, 151 Or. 512, 515 , 49 P. (2d) 367 ; Snabel v. Barber, 137 Or. 88 , 300 P. 331 ; 45 C. | 1 | 1941–1941 |
Snabel v. Barber
green
2 sentences1941Hornby v. Wiper, 155 Or. 203 , 63 P. (2d) 204 ; Dickson v. King, 151 Or. 512, 515 , 49 P. (2d) 367 ; Snabel v. Barber, 137 Or. 88 , 300 P. 331 ; 45 C. 1941Hornby v. Wiper, 155 Or. 203 , 63 P. (2d) 204 ; Dickson v. King, 151 Or. 512, 515 , 49 P. (2d) 367 ; Snabel v. Barber, 137 Or. 88 , 300 P. 331 ; 45 C. | 1 | 1941–1941 |
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.