commits legal error (Oregon) · Go Syfert
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commits legal error in Oregon

10 Oregon opinions name it 1 courts 2006–2026 4 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 (2)

CaseFollowedCited
State v. Muldrewgreen
orctapp · 2009 · cited in 3 Oregon opinions naming this issue, 2010–2026
2 sentences

2026See Muldrew, 229 Or App at 227 (noting that, under OEC 609-1, “a party is entitled to make an initial showing of bias that presents sufficient facts from which the factfinder may infer bias or interest” and concluding that, if a court “cuts off the inquiry before the initial evidentiary threshold is met, the court commits legal error”).

2010State v. Muldrew, 229 Or App 219, 227 , 210 P3d 936 (2009); see also State v. Shelly, 212 Or App 65, 69 , 157 P3d 234 (2007) (“[T]he court’s discretion to limit impeachment evidence that goes to interest or bias applies only to evidence that amplifies, develops, or elaborates an ‘initial showing.’ ”). *616 If the court prevents the introduction of bias evidence before the initial evidentiary threshold is met, the court commits legal error.

13
State v. Shellygreen
orctapp · 2007 · cited in 1 Oregon opinions naming this issue, 2010–2010
2 sentences

2010State v. Muldrew, 229 Or App 219, 227 , 210 P3d 936 (2009); see also State v. Shelly, 212 Or App 65, 69 , 157 P3d 234 (2007) (“[T]he court’s discretion to limit impeachment evidence that goes to interest or bias applies only to evidence that amplifies, develops, or elaborates an ‘initial showing.’ ”). *616 If the court prevents the introduction of bias evidence before the initial evidentiary threshold is met, the court commits legal error.

2010State v. Muldrew, 229 Or App 219, 227 , 210 P3d 936 (2009); see also State v. Shelly, 212 Or App 65, 69 , 157 P3d 234 (2007) (“[T]he court’s discretion to limit impeachment evidence that goes to interest or bias applies only to evidence that amplifies, develops, or elaborates an ‘initial showing.’ ”). *616 If the court prevents the introduction of bias evidence before the initial evidentiary threshold is met, the court commits legal error.

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 (12)

CaseCitedYears
State v. Hubbard green
or · 1984
2 sentences

2010Hubbard, 297 Or at 800 .

2009Id. at 800 .

22009–2010
State v. Lopez green
orctapp · 2011
2 sentences

2026That error is not harmless under State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003), and State v. Lopez, 241 Or App 670, 680 , 250 P3d 984 (2011), and sufficient to require reversal thereby obviating the need to reach defendant’s other arguments.

2026That error is not harmless under State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003), and State v. Lopez, 241 Or App 670, 680 , 250 P3d 984 (2011), and sufficient to require reversal thereby obviating the need to reach defendant’s other arguments.

12026–2026
State v. Davis green
or · 2003
2 sentences

2026That error is not harmless under State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003), and State v. Lopez, 241 Or App 670, 680 , 250 P3d 984 (2011), and sufficient to require reversal thereby obviating the need to reach defendant’s other arguments.

2026That error is not harmless under State v. Davis, 336 Or 19, 32 , 77 P3d 1111 (2003), and State v. Lopez, 241 Or App 670, 680 , 250 P3d 984 (2011), and sufficient to require reversal thereby obviating the need to reach defendant’s other arguments.

12026–2026
State v. Robintree green
orctapp · 2023
2 sentences

2025Turning to the merits, under OEC 609-1, “a party is entitled to make an initial showing of bias that presents suf- ficient facts from which the factfinder may infer bias, and, if the court attempts to curtail that inquiry before the initial evidentiary threshold is met, the court commits legal error.” State v. Robintree, 325 Or App 267, 276 , 528 P3d 1207 , rev den, 371 Or 309 (2023) (internal quotation marks omitted).

2025Turning to the merits, under OEC 609-1, “a party is entitled to make an initial showing of bias that presents suf- ficient facts from which the factfinder may infer bias, and, if the court attempts to curtail that inquiry before the initial evidentiary threshold is met, the court commits legal error.” State v. Robintree, 325 Or App 267, 276 , 528 P3d 1207 , rev den, 371 Or 309 (2023) (internal quotation marks omitted).

12025–2025
State v. Moradi green
or · 2018
1 sentence

2023Under OEC 609-1(1), “a party is entitled to make an initial showing of bias that presents sufficient facts from which the factfinder may infer bias, and, if the court attempts to curtail that inquiry before the initial eviden- tiary threshold is met, the court commits legal error.” State v. Lulay, 290 Or App 282, 292 , 414 P3d 903 , rev den, 363 Or 283 (2018) (internal quotation marks omitted).

12023–2023
State v. Lulay green
orctapp · 2018
2 sentences

2023Under OEC 609-1(1), “a party is entitled to make an initial showing of bias that presents sufficient facts from which the factfinder may infer bias, and, if the court attempts to curtail that inquiry before the initial eviden- tiary threshold is met, the court commits legal error.” State v. Lulay, 290 Or App 282, 292 , 414 P3d 903 , rev den, 363 Or 283 (2018) (internal quotation marks omitted).

2023Under OEC 609-1(1), “a party is entitled to make an initial showing of bias that presents sufficient facts from which the factfinder may infer bias, and, if the court attempts to curtail that inquiry before the initial eviden- tiary threshold is met, the court commits legal error.” State v. Lulay, 290 Or App 282, 292 , 414 P3d 903 , rev den, 363 Or 283 (2018) (internal quotation marks omitted).

12023–2023
State v. D. B. O. green
orctapp · 2023
2 sentences

2023O., 325 Or App 746, 748 , 529 P3d 1004 (2023), a court commits legal error by not making the statutorily required written findings, regardless of whether anyone requested them, and regardless of whether the evidence supports the disposition.

2023O., 325 Or App 746, 748 , 529 P3d 1004 (2023), a court commits legal error by not making the statutorily required written findings, regardless of whether anyone requested them, and regardless of whether the evidence supports the disposition.

12023–2023
State v. Nacoste green
orctapp · 2015
2 sentences

2023Further, “in a criminal case, the right to impeach a witness for bias or interest is secured to criminal defendants by the Oregon and United States constitutions as part of the right to con- front witnesses.” State v. Nacoste, 272 Or App 460, 467-68 , 356 P3d 135 (2015).

2023Further, “in a criminal case, the right to impeach a witness for bias or interest is secured to criminal defendants by the Oregon and United States constitutions as part of the right to con- front witnesses.” State v. Nacoste, 272 Or App 460, 467-68 , 356 P3d 135 (2015).

12023–2023
State v. Calderon green
orctapp · 2010
1 sentence

2015“If the court prevents the introduction of bias evidence before the initial evidentiary threshold is met, the court commits legal error.” Id. at 616 .

12015–2015
State v. Mayfield green
or · 1987
1 sentence

2013The court commits legal error if it “fails to exercise discretion, refused to exercise discretion or fails to make a record which reflects an exercise of discretion.” Id.

12013–2013
State v. Lockwood green
orctapp · 1979
2 sentences

2006State v. Barnes, 329 Or 327, 334 , 986 P2d 1160 (1999); State v. Lockwood, 43 Or App 639, 644 , 603 P2d 1231 (1979).

2006State v. Barnes, 329 Or 327, 334 , 986 P2d 1160 (1999); State v. Lockwood, 43 Or App 639, 644 , 603 P2d 1231 (1979).

12006–2006
State v. Barnes green
or · 1999
2 sentences

2006State v. Barnes, 329 Or 327, 334 , 986 P2d 1160 (1999); State v. Lockwood, 43 Or App 639, 644 , 603 P2d 1231 (1979).

2006State v. Barnes, 329 Or 327, 334 , 986 P2d 1160 (1999); State v. Lockwood, 43 Or App 639, 644 , 603 P2d 1231 (1979).

12006–2006

Where else courts name it

MI 33 (1998–2025) LA 23 (1994–2020) OR 10 (2006–2026) MD 7 (2016–2026) TX 3 (1987–1994) AZ 3 (2016–2019) IA 2 (2014–2014) UT 2 (2023–2025) CA 2 (2024–2025) NY 2 (1894–2014)

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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