accused defense (Oregon) · Go Syfert
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accused defense in Oregon

10 Oregon opinions name it 2 courts 1951–2014 0 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. Kimballgreen
iowa · 1970 · cited in 1 Oregon opinions naming this issue, 1977–1977
2 sentences

1977There are those who believe the instruction is more harmful than helpful and regardless of how favorably to the accused the instruction may be worded it may inadvertently cause the jurors to consider certain adverse inferences which would not otherwise have entered their minds.” ( 176 NW2d at 868, 869 ).

1977There are those who believe the instruction is more harmful than helpful and regardless of how favorably to the accused the instruction may be worded it may inadvertently cause the jurors to consider certain adverse inferences which would not otherwise have entered their minds." ( 176 N.W.2d at 868, 869 ).

11

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 (14)

CaseCitedYears
In Re Discipline of Devers green
or · 1993
2 sentences

2014In re Devers, 317 Or 261, 264-65 , 855 P2d 617 (1993).

2014In re Devers, 317 Or 261, 264-65 , 855 P2d 617 (1993).

12014–2014
In Re Complaint as to the Conduct of Davenport green
or · 2002
2 sentences

2010As this court has observed, however, an accused in a bar disciplinary proceeding has a right to defend himself vigorously against disciplinary charges, In re Davenport, 334 Or 298, 321 , 49 P3d 91 , modified on recons, 335 Or 67 , 57 P3d 897 (2002), and we are reluctant to punish a lawyer for “defend[ing] against accusations respecting his or her personal character and professional responsibility.” Id.

2010As this court has observed, however, an accused in a bar disciplinary proceeding has a right to defend himself vigorously against disciplinary charges, In re Davenport, 334 Or 298, 321 , 49 P3d 91 , modified on recons, 335 Or 67 , 57 P3d 897 (2002), and we are reluctant to punish a lawyer for “defend[ing] against accusations respecting his or her personal character and professional responsibility.” Id.

12010–2010
In Re Complaint as to the Conduct of Davenport green
or · 2002
2 sentences

2010As this court has observed, however, an accused in a bar disciplinary proceeding has a right to defend himself vigorously against disciplinary charges, In re Davenport, 334 Or 298, 321 , 49 P3d 91 , modified on recons, 335 Or 67 , 57 P3d 897 (2002), and we are reluctant to punish a lawyer for “defend[ing] against accusations respecting his or her personal character and professional responsibility.” Id.

2010As this court has observed, however, an accused in a bar disciplinary proceeding has a right to defend himself vigorously against disciplinary charges, In re Davenport, 334 Or 298, 321 , 49 P3d 91 , modified on recons, 335 Or 67 , 57 P3d 897 (2002), and we are reluctant to punish a lawyer for “defend[ing] against accusations respecting his or her personal character and professional responsibility.” Id.

12010–2010
In Re Complaint as to the Conduct Johnson green
or · 1985
2 sentences

2009In re Johnson, 300 Or 52, 55 , 707 P2d 573 (1985). *679 In his brief to this court, however, the accused does not challenge the trial panel’s factual findings, its conclusions that he violated the disciplinary rules, or the disbarment sanction that the trial panel imposed for those violations.

2009In re Johnson, 300 Or 52, 55 , 707 P2d 573 (1985). *679 In his brief to this court, however, the accused does not challenge the trial panel’s factual findings, its conclusions that he violated the disciplinary rules, or the disbarment sanction that the trial panel imposed for those violations.

12009–2009
In Re Complaint as to the Conduct of Gatti green
or · 2000
2 sentences

2001ORS 9.527(1) As noted, the Bar chose, in addition to the disciplinary rule violations, to charge the accused with a violation of ORS 9.527(1). 6 Although, in the past, this court has found that the same conduct can violate both the Code of Professional Responsibility and a provision of ORS chapter 9, see, e.g.,In re Gatti, 330 Or 517 , 8 P3d 966 (2000); In re Allen, 326 Or 107 , 949 P2d 710 (1997); In re Bridges, 298 Or 53 , 688 P2d 1335 (1984) (each so finding), such a finding generally has not served to enhance the sanction that this court has imposed for the violation or violations of the C

2001ORS 9.527(1) As noted, the Bar chose, in addition to the disciplinary rule violations, to charge the accused with a violation of ORS 9.527(1). 6 Although, in the past, this court has found that the same conduct can violate both the Code of Professional Responsibility and a provision of ORS chapter 9, see, e.g.,In re Gatti, 330 Or 517 , 8 P3d 966 (2000); In re Allen, 326 Or 107 , 949 P2d 710 (1997); In re Bridges, 298 Or 53 , 688 P2d 1335 (1984) (each so finding), such a finding generally has not served to enhance the sanction that this court has imposed for the violation or violations of the C

12001–2001
In Re Complaint as to the Conduct of Bridges neutral
or · 1984
2 sentences

2001ORS 9.527(1) As noted, the Bar chose, in addition to the disciplinary rule violations, to charge the accused with a violation of ORS 9.527(1). 6 Although, in the past, this court has found that the same conduct can violate both the Code of Professional Responsibility and a provision of ORS chapter 9, see, e.g.,In re Gatti, 330 Or 517 , 8 P3d 966 (2000); In re Allen, 326 Or 107 , 949 P2d 710 (1997); In re Bridges, 298 Or 53 , 688 P2d 1335 (1984) (each so finding), such a finding generally has not served to enhance the sanction that this court has imposed for the violation or violations of the C

2001ORS 9.527(1) As noted, the Bar chose, in addition to the disciplinary rule violations, to charge the accused with a violation of ORS 9.527(1). 6 Although, in the past, this court has found that the same conduct can violate both the Code of Professional Responsibility and a provision of ORS chapter 9, see, e.g.,In re Gatti, 330 Or 517 , 8 P3d 966 (2000); In re Allen, 326 Or 107 , 949 P2d 710 (1997); In re Bridges, 298 Or 53 , 688 P2d 1335 (1984) (each so finding), such a finding generally has not served to enhance the sanction that this court has imposed for the violation or violations of the C

12001–2001
In Re Allen green
or · 1997
2 sentences

2001ORS 9.527(1) As noted, the Bar chose, in addition to the disciplinary rule violations, to charge the accused with a violation of ORS 9.527(1). 6 Although, in the past, this court has found that the same conduct can violate both the Code of Professional Responsibility and a provision of ORS chapter 9, see, e.g.,In re Gatti, 330 Or 517 , 8 P3d 966 (2000); In re Allen, 326 Or 107 , 949 P2d 710 (1997); In re Bridges, 298 Or 53 , 688 P2d 1335 (1984) (each so finding), such a finding generally has not served to enhance the sanction that this court has imposed for the violation or violations of the C

2001ORS 9.527(1) As noted, the Bar chose, in addition to the disciplinary rule violations, to charge the accused with a violation of ORS 9.527(1). 6 Although, in the past, this court has found that the same conduct can violate both the Code of Professional Responsibility and a provision of ORS chapter 9, see, e.g.,In re Gatti, 330 Or 517 , 8 P3d 966 (2000); In re Allen, 326 Or 107 , 949 P2d 710 (1997); In re Bridges, 298 Or 53 , 688 P2d 1335 (1984) (each so finding), such a finding generally has not served to enhance the sanction that this court has imposed for the violation or violations of the C

12001–2001
Thompson v. Utah red
scotus · 1898
2 sentences

1994Kring v. Missouri, [supra]; Thompson v. Utah, [ 170 US 343 , 18 S Ct 620 , 42 L Ed 1061 (1898)]. * * * “Just what alterations of procedure will be held to be of sufficient moment to transgress the constitutional prohibition cannot be embraced within a formula or stated in a general proposition.

1994Kring v. Missouri, [supra]; Thompson v. Utah, [ 170 US 343 , 18 S Ct 620 , 42 L Ed 1061 (1898)]. * * * “Just what alterations of procedure will be held to be of sufficient moment to transgress the constitutional prohibition cannot be embraced within a formula or stated in a general proposition.

11994–1994
Beazell v. Ohio green
scotus · 1925
2 sentences

1994It also follows from Beazell 's acknowledgement that "procedural changes which operate to deny to the accused a defense available under the laws in force at the time of the commission of his offense * * * fall within the constitutional prohibition." 269 U.S. at 170 , 46 S.Ct. at 69 .

1994It also follows from Beazell’s acknowledgement that “procedural changes which operate to deny to the accused a defense available under the laws in force at the time of the commission of his offense * * * fall within the constitutional prohibition.” 269 US at 170 .

11994–1994
In Re Complaint as to the Conduct of Glass green
or · 1989
2 sentences

1990*220 PER CURIAM In In re Glass, 308 Or 297 , 779 P2d 612 (1989), this court found the accused in violation of DR 1-102(A)(3) (engaged in conduct involving misrepresentation) 1 , DR 1-103(C) (failure to cooperate with a Bar investigation) 2 and DR 7-102(A)(1) (taking actions merely to harass or maliciously injure another).

1990*220 PER CURIAM In In re Glass, 308 Or 297 , 779 P2d 612 (1989), this court found the accused in violation of DR 1-102(A)(3) (engaged in conduct involving misrepresentation) 1 , DR 1-103(C) (failure to cooperate with a Bar investigation) 2 and DR 7-102(A)(1) (taking actions merely to harass or maliciously injure another).

11990–1990
Yakus v. United States green
scotus · 1944
2 sentences

1969We relied upon Yakus v. United States, 321 US 414 , 64 S Ct 660 , 88 L Ed 834 (1944), which held that even in a criminal prosecution for an alleged violation of price controls the accused could not challenge the validity of the regulation, but must follow the statutory route to judicial review.

1969We relied upon Yakus v. United States, 321 US 414 , 64 S Ct 660 , 88 L Ed 834 (1944), which held that even in a criminal prosecution for an alleged violation of price controls the accused could not challenge the validity of the regulation, but must follow the statutory route to judicial review.

11969–1969
Scribner v. State green
oklacrimapp · 1913
1 sentence

1952For example, see Scribner v. State, 9 Okla Cr 465, 132 P 933 , Ann Cas 1915B, 381; People v. Carter, 297 Mich 577 , 298 NW 288 .

11952–1952
People, Ex Rel. Roach v. Carter neutral
mich · 1941
2 sentences

1952For example, see Scribner v. State, 9 Okla Cr 465, 132 P 933 , Ann Cas 1915B, 381; People v. Carter, 297 Mich 577 , 298 NW 288 .

1952For example, see Scribner v. State, 9 Okla Cr 465, 132 P 933 , Ann Cas 1915B, 381; People v. Carter, 297 Mich 577 , 298 NW 288 .

11952–1952
Tapley v. Abbott green
calctapp · 1931
2 sentences

1951The power to permit amendments was recognized in Tapley v. Abbott et al., State Board of Medical Examiners, 111 Cal. App. 397 , 295 P. 911 .

1951The power to permit amendments was recognized in Tapley v. Abbott et al., State Board of Medical Examiners, 111 Cal. App. 397 , 295 P. 911 .

11951–1951

Where else courts name it

TX 443 (1876–2026) IL 98 (1898–2025) GA 67 (1899–2021) PA 57 (1897–2026) LA 55 (1959–2026) TN 53 (1992–2020) OH 43 (1876–2023) AL 39 (1881–2023) CA 38 (1928–2023) MD 34 (1942–2026) WV 29 (1923–2023) MS 28 (1884–2025) KS 26 (1907–2024) VA 25 (1925–2026) FL 25 (1894–2023) NY 24 (1912–2026) IN 18 (1881–2010) SC 18 (1951–2026) CT 18 (1923–2011) WA 18 (1929–2021) MN 17 (1944–2016) MO 16 (1901–2017) NC 14 (1905–2025) AR 14 (1912–2021) WI 14 (1885–2022) IA 12 (1951–2021) NE 12 (1897–2025) NM 11 (1918–2009) CO 11 (1931–2020) OR 10 (1951–2014) MI 10 (1917–2018) UT 10 (1899–2025) NJ 10 (1950–2019) OK 9 (1915–1982) MA 9 (1923–2026) MT 8 (1955–2025) AK 8 (1970–2007) NV 8 (1967–2020) KY 8 (1922–1985) DC 6 (1972–2003) WY 5 (1983–2001) ND 5 (1921–2000) AZ 4 (1930–1996) VT 4 (1905–2006) PR 4 (1910–1969) RI 4 (1972–1987) DE 2 (1978–1994) ME 2 (1968–2024) HI 2 (1971–1986)

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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