first two assignments error (Oregon) · Go Syfert
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first two assignments error in Oregon

11 Oregon opinions name it 2 courts 1962–2024 6 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 (1)

CaseFollowedCited
State v. Cuffygreen
orctapp · 2022 · cited in 2 Oregon opinions naming this issue, 2023–2023
2 sentences

2023See State v. Cuffy, 322 Or App 642, 643 , 521 P3d 516 (2022) (“Finally, we do not reach defendant’s two supplemental assignments of error challenging the jury instructions on Counts 1 and 2 because our disposition on Counts 1 and 2 based on the evidentiary error obviates the need to do so.”).

2023See State v. Cuffy, 322 Or App 642, 643 , 521 P3d 516 (2022) (“Finally, we do not reach defendant’s two supplemental assignments of error challenging the jury instructions on Counts 1 and 2 because our disposition on Counts 1 and 2 based on the evidentiary error obviates the need to do so.”).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
State v. Lane neutral
orctapp · 2024
2 sentences

2024On appeal, defendant asserts in his first two assign- ments of error that the trial court erred by denying his motion to withdraw his pleas and by denying his motion to compel a “constitutionally and statutorily compliant plea agreement.” Nonprecedential Memo Op: 335 Or App 793 (2024) 795 The state remonstrates that the first two assignments of error are not reviewable under ORS 138.105(5), which lim- its reviewability of convictions arising from guilty pleas.

2024On appeal, defendant asserts in his first two assign- ments of error that the trial court erred by denying his motion to withdraw his pleas and by denying his motion to compel a “constitutionally and statutorily compliant plea agreement.” Nonprecedential Memo Op: 335 Or App 793 (2024) 795 The state remonstrates that the first two assignments of error are not reviewable under ORS 138.105(5), which lim- its reviewability of convictions arising from guilty pleas.

22024–2024
State v. Zimmer neutral
orctapp · 2024
2 sentences

2024Nonprecedential Memo Op: 337 Or App 105 (2024) 107 Regarding Walsh, we understand defendant to argue, among other points, that the trial court, in allowing Walsh to withdraw, denied defendant the right to be represented by retained counsel of his choosing under State v. Autele, 372 Or 489 , 551 P3d 376 (2024), because defendant “did not consent” to Walsh’s withdrawal and instead “seemed to object to the court’s allowance of the withdrawal.” Additionally, defendant argues that the trial court erred when it “allowed Walsh to withdraw and forced defendant to choose between represent- ing himself

2024Nonprecedential Memo Op: 337 Or App 105 (2024) 107 Regarding Walsh, we understand defendant to argue, among other points, that the trial court, in allowing Walsh to withdraw, denied defendant the right to be represented by retained counsel of his choosing under State v. Autele, 372 Or 489 , 551 P3d 376 (2024), because defendant “did not consent” to Walsh’s withdrawal and instead “seemed to object to the court’s allowance of the withdrawal.” Additionally, defendant argues that the trial court erred when it “allowed Walsh to withdraw and forced defendant to choose between represent- ing himself

22024–2024
State v. Autele green
or · 2024
2 sentences

2024Nonprecedential Memo Op: 337 Or App 105 (2024) 107 Regarding Walsh, we understand defendant to argue, among other points, that the trial court, in allowing Walsh to withdraw, denied defendant the right to be represented by retained counsel of his choosing under State v. Autele, 372 Or 489 , 551 P3d 376 (2024), because defendant “did not consent” to Walsh’s withdrawal and instead “seemed to object to the court’s allowance of the withdrawal.” Additionally, defendant argues that the trial court erred when it “allowed Walsh to withdraw and forced defendant to choose between represent- ing himself

2024Nonprecedential Memo Op: 337 Or App 105 (2024) 107 Regarding Walsh, we understand defendant to argue, among other points, that the trial court, in allowing Walsh to withdraw, denied defendant the right to be represented by retained counsel of his choosing under State v. Autele, 372 Or 489 , 551 P3d 376 (2024), because defendant “did not consent” to Walsh’s withdrawal and instead “seemed to object to the court’s allowance of the withdrawal.” Additionally, defendant argues that the trial court erred when it “allowed Walsh to withdraw and forced defendant to choose between represent- ing himself

22024–2024
State v. Hardesty green
or · 1985
2 sentences

2010The state concedes that the error is plain under State v. Hardesty, 298 Or 616, 618-19 , 695 P2d 569 (1985), but argues that we need not exercise our discretion to correct the error in light of the fact that reversal is already required because of the state’s concession as to the first two assignments of error.

2010The state concedes that the error is plain under State v. Hardesty, 298 Or 616, 618-19 , 695 P2d 569 (1985), but argues that we need not exercise our discretion to correct the error in light of the fact that reversal is already required because of the state’s concession as to the first two assignments of error.

12010–2010
Troutman v. Erlandson green
orctapp · 1980
2 sentences

1989Reeder v. Kay, 276 Or 1111 , 557 P2d 673 (1976); Troutman v. Erlandson, 44 Or App 239, 245 , 605 P2d 1200 (1980); Moore v. Brown, Burke, 19 Or App 199 , 527 P2d 132 (1974).

1989Reeder v. Kay, 276 Or 1111 , 557 P2d 673 (1976); Troutman v. Erlandson, 44 Or App 239, 245 , 605 P2d 1200 (1980); Moore v. Brown, Burke, 19 Or App 199 , 527 P2d 132 (1974).

11989–1989
Reeder v. Kay green
or · 1976
2 sentences

1989Reeder v. Kay, 276 Or 1111 , 557 P2d 673 (1976); Troutman v. Erlandson, 44 Or App 239, 245 , 605 P2d 1200 (1980); Moore v. Brown, Burke, 19 Or App 199 , 527 P2d 132 (1974).

1989Reeder v. Kay, 276 Or 1111 , 557 P2d 673 (1976); Troutman v. Erlandson, 44 Or App 239, 245 , 605 P2d 1200 (1980); Moore v. Brown, Burke, 19 Or App 199 , 527 P2d 132 (1974).

11989–1989
Moore v. Brown green
orctapp · 1974
2 sentences

1989Reeder v. Kay, 276 Or 1111 , 557 P2d 673 (1976); Troutman v. Erlandson, 44 Or App 239, 245 , 605 P2d 1200 (1980); Moore v. Brown, Burke, 19 Or App 199 , 527 P2d 132 (1974).

1989Reeder v. Kay, 276 Or 1111 , 557 P2d 673 (1976); Troutman v. Erlandson, 44 Or App 239, 245 , 605 P2d 1200 (1980); Moore v. Brown, Burke, 19 Or App 199 , 527 P2d 132 (1974).

11989–1989
Clarizo v. Spada Distributing Co., Inc. green
or · 1962
2 sentences

1970We will consider the first two assignments of error in this case for reasons similar to those mentioned in Clarizo v. Spada Distributing Co., Inc., 231 Or 516, 522 , 373 P2d 689 (1962).

1970We will consider the first two assignments of error in this case for reasons similar to those mentioned in Clarizo v. Spada Distributing Co., Inc., 231 Or 516, 522 , 373 P2d 689 (1962).

11970–1970
State v. Oare green
or · 1968
2 sentences

1970In State v. Oare, 249 Or 597 , 439 P2d 885 (1968), the Supreme Court ruled that neither actual nor constructive possession of narcotics by the defendant had been established, when two men were found in a room with one marihuana cigarette.

1970In State v. Oare, 249 Or 597 , 439 P2d 885 (1968), the Supreme Court ruled that neither actual nor constructive possession of narcotics by the defendant had been established, when two men were found in a room with one marihuana cigarette.

11970–1970
State v. Sutton green
or · 1960
2 sentences

1962On the merits we would be disposed to disallow the first two assignments of error on the authority of State v. Sutton, 223 Or 570 , 355 P2d 247 , and the third assignment of error on the ground that the defendant waived his constitutional right to have assistance of counsel at sentencing.

1962On the merits we would be disposed to disallow the first two assignments of error on the authority of State v. Sutton, 223 Or 570 , 355 P2d 247 , and the third assignment of error on the ground that the defendant waived his constitutional right to have assistance of counsel at sentencing.

11962–1962

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 163.115 (3)

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.

Where else courts name it

OH 59 (1934–2025) OR 11 (1962–2024) LA 11 (1976–2024) VA 7 (1922–2021) NE 7 (1965–2017) TN 6 (1927–1978) OK 5 (1907–1988) AL 4 (1850–1962) PA 3 (1905–1946) WV 2 (2013–2019) WA 2 (1909–1923)

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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