contextual analysis in Oregon

2024Id. at 428-29 .

2024Id. at 428-29 .

2000See Owens v. Maass, 323 Or 430, 436 , 918 P2d 808 (1996) (court examines legislative changes to the statute at issue as part of analyzing context); Davis v. O’Brien, 320 Or 729, 741 , 891 P2d 1307 (1995) (stating that prior statutory interpretations are part of the court’s contextual analysis); PGE v. Bureau of Labor and Industries, 317 Or 606, 611 , 859 P2d 1143 (1993) (stating that context includes other provisions of the statute at issue).

2000See Owens v. Maass, 323 Or 430, 436 , 918 P2d 808 (1996) (court examines legislative changes to the statute at issue as part of analyzing context); Davis v. O’Brien, 320 Or 729, 741 , 891 P2d 1307 (1995) (stating that prior statutory interpretations are part of the court’s contextual analysis); PGE v. Bureau of Labor and Industries, 317 Or 606, 611 , 859 P2d 1143 (1993) (stating that context includes other provisions of the statute at issue).

2024The adequacy of counsel is a contextual inquiry, dependent upon the “nature and complexity of the case.” Johnson v. Premo, 361 Or 688, 701 , 399 P3d 431 (2017).

2024The adequacy of counsel is a contextual inquiry, dependent upon the “nature and complexity of the case.” Johnson v. Premo, 361 Or 688, 701 , 399 P3d 431 (2017).

2024As such, con- stitutionally minimum adequate counsel may require a par- ticular investigation, see, e.g., Richardson v. Belleque, 362 Or 236 , 257, 406 P3d 1074 (2017); certain motion practice, see, e.g., Peiffer v. Hoyt, 339 Or 649, 653 , 125 P3d 734 (2005) (accepting that adequate counsel may require the filing of 24 Blain v. Cain a motion to suppress, but holding that counsel was not so obligated in the context of that case); the raising of certain defenses, see, e.g., Lichau v. Baldwin, 333 Or 350, 354 , 39 P3d 851 (2002); or other actions by counsel, depending upon the case.

2024As such, con- stitutionally minimum adequate counsel may require a par- ticular investigation, see, e.g., Richardson v. Belleque, 362 Or 236 , 257, 406 P3d 1074 (2017); certain motion practice, see, e.g., Peiffer v. Hoyt, 339 Or 649, 653 , 125 P3d 734 (2005) (accepting that adequate counsel may require the filing of 24 Blain v. Cain a motion to suppress, but holding that counsel was not so obligated in the context of that case); the raising of certain defenses, see, e.g., Lichau v. Baldwin, 333 Or 350, 354 , 39 P3d 851 (2002); or other actions by counsel, depending upon the case.

2024As such, con- stitutionally minimum adequate counsel may require a par- ticular investigation, see, e.g., Richardson v. Belleque, 362 Or 236 , 257, 406 P3d 1074 (2017); certain motion practice, see, e.g., Peiffer v. Hoyt, 339 Or 649, 653 , 125 P3d 734 (2005) (accepting that adequate counsel may require the filing of 24 Blain v. Cain a motion to suppress, but holding that counsel was not so obligated in the context of that case); the raising of certain defenses, see, e.g., Lichau v. Baldwin, 333 Or 350, 354 , 39 P3d 851 (2002); or other actions by counsel, depending upon the case.

2024As such, con- stitutionally minimum adequate counsel may require a par- ticular investigation, see, e.g., Richardson v. Belleque, 362 Or 236 , 257, 406 P3d 1074 (2017); certain motion practice, see, e.g., Peiffer v. Hoyt, 339 Or 649, 653 , 125 P3d 734 (2005) (accepting that adequate counsel may require the filing of 24 Blain v. Cain a motion to suppress, but holding that counsel was not so obligated in the context of that case); the raising of certain defenses, see, e.g., Lichau v. Baldwin, 333 Or 350, 354 , 39 P3d 851 (2002); or other actions by counsel, depending upon the case.

2017See id.; see also, e.g., State v. Coss, 53 Or 462, 475 , 101 P 193 (1909); United States v. DeLuca, 692 F2d 1277, 1282 (9th Cir 1982); People v. Stevens, 498 Mich 162, 170-78 , 869 NW2d 233, 241-46 (2015), cert den,_US_, 136 S Ct 811 (2016) (applying a totality-of-the-circumstances test).

2014Consequently, it would bear on the contextual analysis of ORS 471.410(2) only if that provision necessarily evidenced an intent “by the legislature to modify or otherwise alter the meaning of the original terms of the statute.” State v. Swanson, 351 Or 286, 290 , 266 P3d 45 (2011); see State v. Ofodrinwa, 353 Or 507, 529-30 , 300 P3d 154 (2013).

2014Consequently, it would bear on the contextual analysis of ORS 471.410(2) only if that provision necessarily evidenced an intent “by the legislature to modify or otherwise alter the meaning of the original terms of the statute.” State v. Swanson, 351 Or 286, 290 , 266 P3d 45 (2011); see State v. Ofodrinwa, 353 Or 507, 529-30 , 300 P3d 154 (2013).

2006In a contextual analysis, we consider past amendments to a statute, K.P., 324 Or. at 9 , 921 P.2d 380 , as well as Oregon Supreme Court case law that was in place at the time of those amendments, presuming that the legislature amended the statute in light of those judicial decisions.

2006In a contextual analysis, we consider past amendments to a statute, K.P., 324 Or. at 9 , 921 P.2d 380 , as well as Oregon Supreme Court case law that was in place at the time of those amendments, presuming that the legislature amended the statute in light of those judicial decisions.

2004Martin v. City of Tigard, 335 Or 444, 451 , 72 P3d 619 (2003).

2004Martin v. City of Tigard, 335 Or 444, 451 , 72 P3d 619 (2003).

1999With respect to the earlier opinions, the state correctly identifies in those cases a method of statutory construction in which the court relied on the absurd-result maxim to “look beyond the [literal import of] the words of the act.” Johnson v. Star Machinery Co., 270 Or 694, 703-04 , 530 P2d 53 (1974).

1999With respect to the earlier opinions, the state correctly identifies in those cases a method of statutory construction in which the court relied on the absurd-result maxim to “look beyond the [literal import of] the words of the act.” Johnson v. Star Machinery Co., 270 Or 694, 703-04 , 530 P2d 53 (1974).

1996In reaching the conclusion that such substantive law must be considered in a contextual analysis, the majority relies on State v. Waterhouse, 209 Or 424 , 307 P2d 327 (1957).

1996In reaching the conclusion that such substantive law must be considered in a contextual analysis, the majority relies on State v. Waterhouse, 209 Or 424 , 307 P2d 327 (1957).

1996See PGE, 317 Or at 611 (stating that context includes other provisions of the statute at issue); Davis v. O’Brien, 320 Or 729, 741 , 891 P2d 1307 (1995) (stating that prior statutory interpretations are part of the court’s contextual analysis); Boone v. Wright, 314 Or 135, 138 , 836 P2d 727 (1992) (court examined legislative changes to the statute at issue as part of analyzing context).

1996See PGE, 317 Or at 611 (stating that context includes other provisions of the statute at issue); Davis v. O’Brien, 320 Or 729, 741 , 891 P2d 1307 (1995) (stating that prior statutory interpretations are part of the court’s contextual analysis); Boone v. Wright, 314 Or 135, 138 , 836 P2d 727 (1992) (court examined legislative changes to the statute at issue as part of analyzing context).