11 Oregon opinions name it 2 courts 1984–2024 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.
| Case | Followed | Cited |
|---|---|---|
State v. Althousegreen2 sentences2024See Althouse, 359 Or at 692-93 (applying analysis). 2016See State v. Althouse, 359 Or 668, 678 , 375 P3d 475 (2016) (holding that ORS 138.222(2)(a) does not preclude review of sentence of life imprisonment without possibility of parole imposed pursuant to ORS 137.719); State v. Davidson, 360 Or 370 , 380 P3d 963 (2016) (same). 3 Defendant does not elaborate on the relevance of that circumstance. | 2 | 2 |
Hanset v. General Construction Co.green2 sentences2015See also Hanset, 285 Or at 106-07 (considering plaintiffs’ intentions to live in, rather than sell, their home in determining appropriate measure of damages). 2015See also Hanset, 285 Or at 106-07 (considering plaintiffs’ intentions to live in, rather than sell, their home in determining appropriate measure of damages). | 2 | 2 |
Cannon v. Gladdengreen2 sentences2013The court stated: Id. at 632 ; see also State v. Rodriguez/Buck, 347 Or 46, 64-65 , 217 P3d 659 (2009) (noting that, although Cannon involved application of the disproportionality principle in a circumstance involving a greater punishment for a lesser-included offense, disproportionality review is not limited to lesser-included crimes, but may involve considerations of “the offense and the penalty at issue in the context of related offenses and penalties”). 2000Turner, 296 Or at 457 ; Merrill, 216 Or at 463, 470 ; Cannon, 203 Or at 630, 632-33 . 4 In Turner, Merrill, and Cannon , the trial court had the discretion to impose other sentences on the defendants. | 1 | 3 |
State v. Rodriguez/Buckgreen2 sentences2015We conclude that petitioner suffered no prejudice from the asserted deficiency of his trial counsel because, even if trial counsel had made the disproportionality challenge that petitioner contends should have been made, and even if that challenge had been evaluated under analysis like that applied in State v. Rodriguez/Buck, 347 Or 46 , 217 P3d 659 (2009), the challenge would have failed. 2015We conclude that petitioner suffered no prejudice from the asserted deficiency of his trial counsel because, even if trial counsel had made the disproportionality challenge that petitioner contends should have been made, and even if that challenge had been evaluated under analysis like that applied in State v. Rodriguez/Buck, 347 Or 46 , 217 P3d 659 (2009), the challenge would have failed. | 1 | 2 |
State v. Hornergreen2 sentences2020As the majority opinion reflects, the above language from Parker can be reduced to a conclusion that it was “not appropriate to consider [the] defendant’s aggregate or cumulative sentence of 119 months to deter- mine if * * * [it] is disproportionate.” Id. at 549; see 306 Or App at 407 (describing defendant’s acknowledgment that, in Parker, “we deemed it ‘not appropriate’ to consider the defendant’s disproportionality challenge to an aggregate sentence”). 2020As the majority opinion reflects, the above language from Parker can be reduced to a conclusion that it was “not appropriate to consider [the] defendant’s aggregate or cumulative sentence of 119 months to deter- mine if * * * [it] is disproportionate.” Id. at 549; see 306 Or App at 407 (describing defendant’s acknowledgment that, in Parker, “we deemed it ‘not appropriate’ to consider the defendant’s disproportionality challenge to an aggregate sentence”). | 1 | 1 |
Kimmelman v. Morrisongreen2 sentences2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he 2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he | 1 | 1 |
State v. Acostagreen2 sentences2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he 2015See Peters v. Betteque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (we need not reach the question of deficient performance unless asserted deficiency prejudiced the petitioner). | 1 | 1 |
Peters v. BELLEQUEgreen2 sentences2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he 2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he | 1 | 1 |
Logan v. Stategreen2 sentences2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he 2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he | 1 | 1 |
State v. Branstettergreen2 sentences2002See 332 Or. at 403 n. 13, 29 P.3d 1121 . [2] Defendant also made an argument, not repeated on appeal, that the total value of the animals, when added to the costs of their care at the humane society, exceeded the maximum statutory fine permissible for 12 counts of animal abuse in the first degree. [3] We reiterate: Defendant, as appellant, simply does not raise any contention approximating the disproportionality challenge that underlies the dissent. 2002See 332 Or. at 403 n. 13, 29 P.3d 1121 . [2] Defendant also made an argument, not repeated on appeal, that the total value of the animals, when added to the costs of their care at the humane society, exceeded the maximum statutory fine permissible for 12 counts of animal abuse in the first degree. [3] We reiterate: Defendant, as appellant, simply does not raise any contention approximating the disproportionality challenge that underlies the dissent. | 1 | 1 |
Merrill v. Gladdengreen1 sentence2000Turner, 296 Or at 457 ; Merrill, 216 Or at 463, 470 ; Cannon, 203 Or at 630, 632-33 . 4 In Turner, Merrill, and Cannon , the trial court had the discretion to impose other sentences on the defendants. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Beik v. American Plaza Co.
green
2 sentences2015It may be that the indemnification provision, as constrained by ORS 30.140, does not provide for La Noue to recover anything more than they have already been awarded by the jury for Sharabarin’s breach of contract plus any attorney fees potentially recoverable for the reasons set out later in this opinion. 4 For clarity, we refer to that measure throughout this opinion as the “diminution in value,” although we note that it is the same amount that the market value of the building would be expected to increase if the repair were completed. 5 In Beik v. American Plaza Co., 280 Or 547, 555-56 , 57 2015It may be that the indemnification provision, as constrained by ORS 30.140, does not provide for La Noue to recover anything more than they have already been awarded by the jury for Sharabarin’s breach of contract plus any attorney fees potentially recoverable for the reasons set out later in this opinion. 4 For clarity, we refer to that measure throughout this opinion as the “diminution in value,” although we note that it is the same amount that the market value of the building would be expected to increase if the repair were completed. 5 In Beik v. American Plaza Co., 280 Or 547, 555-56 , 57 | 2 | 2015–2015 |
Real v. Nooth
green
2 sentences2020Moreover, as the majority also notes, our decision in Real v. Nooth, 268 Or App 747 , 344 P3d 33 , rev den, 357 Or 550 (2015), further solidified that understanding of our state- ment in Parker. 2020Moreover, as the majority also notes, our decision in Real v. Nooth, 268 Or App 747 , 344 P3d 33 , rev den, 357 Or 550 (2015), further solidified that understanding of our state- ment in Parker. | 1 | 2020–2020 |
State v. Wheeler
green
1 sentence2016In rejecting the defendant’s disproportionality challenge to that sentence, we began by noting the Supreme Court’s admonition in Wheeler, 343 Or at 671 , that “a court will hold a sentence unconstitutional *** only in rare circumstances.” Sokell, 273 Or App at 656 . | 1 | 2016–2016 |
State v. Davidson
green
2 sentences2016See State v. Althouse, 359 Or 668, 678 , 375 P3d 475 (2016) (holding that ORS 138.222(2)(a) does not preclude review of sentence of life imprisonment without possibility of parole imposed pursuant to ORS 137.719); State v. Davidson, 360 Or 370 , 380 P3d 963 (2016) (same). 3 Defendant does not elaborate on the relevance of that circumstance. 2016See State v. Althouse, 359 Or 668, 678 , 375 P3d 475 (2016) (holding that ORS 138.222(2)(a) does not preclude review of sentence of life imprisonment without possibility of parole imposed pursuant to ORS 137.719); State v. Davidson, 360 Or 370 , 380 P3d 963 (2016) (same). 3 Defendant does not elaborate on the relevance of that circumstance. | 1 | 2016–2016 |
State v. Davidson
green
1 sentence2016Davidson, 271 Or App at 738 . | 1 | 2016–2016 |
State v. Sokell
green
2 sentences2016In rejecting the defendant’s disproportionality challenge to that sentence, we began by noting the Supreme Court’s admonition in Wheeler, 343 Or at 671 , that “a court will hold a sentence unconstitutional *** only in rare circumstances.” Sokell, 273 Or App at 656 . 2016After emphasizing that the defendant’s predicate offenses, involving sexual touching of young girls, were, in fact, serious, we concluded by summarizing the balance of the defendant’s criminal history, including his extensive and egregious uncharged misconduct, which we characterized as “the strongest confirmation that this case is within the range of cases in which the life sentence under ORS 137.719 does not violate Article I, section 16.” Id. at 658 . | 1 | 2016–2016 |
Gordon v. Hall
green
2 sentences2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he 2015See Logan v. State of Oregon, 259 Or App 319, 327 , 313 P3d 1128 (2013), rev den, 355 Or 142 (2014) (whether the petitioner suffered prejudice depended on whether objection to the admission of evidence would have been well taken); Peters v. Belleque, 241 Or App 701, 711 , 250 P3d 456 , rev den, 350 Or 571 (2011) (whether the petitioner suffered prejudice depended upon whether the petitioner was entitled, as a matter of law, to conviction of a lesser crime); Gordon v. Hall, 232 Or App 174, 184 , 221 P3d 763 (2009) (whether the petitioner suffered prejudice depended upon whether argument that he | 1 | 2015–2015 |
State v. Turner
green
1 sentence2000Turner, 296 Or at 457 ; Merrill, 216 Or at 463, 470 ; Cannon, 203 Or at 630, 632-33 . 4 In Turner, Merrill, and Cannon , the trial court had the discretion to impose other sentences on the defendants. | 1 | 2000–2000 |
State v. Shumway
green
2 sentences1984He argues that if no minimum term can be imposed for the crime of murder under Macy , it should follow that any minimum term for a less serious crime would be disproportionate to the offense and should be held void, citing Cannon v. Gladden, 203 Or 629 , 281 P2d 233 (1955), and State v. Shumway, 291 Or 153 , 630 P2d 796 (1981). 1984He argues that if no minimum term can be imposed for the crime of murder under Macy , it should follow that any minimum term for a less serious crime would be disproportionate to the offense and should be held void, citing Cannon v. Gladden, 203 Or 629 , 281 P2d 233 (1955), and State v. Shumway, 291 Or 153 , 630 P2d 796 (1981). | 1 | 1984–1984 |
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.