equal privilege (Oregon) · Go Syfert
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equal privilege in Oregon

9 Oregon opinions name it 2 courts 1904–2026 3 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. Clarkgreen
or · 1981 · cited in 3 Oregon opinions naming this issue, 1982–2013
2 sentences

2013On that issue, the court held: “Without a showing that the administration of [those two charging procedures] in fact denied [the] defendant individually, or a class to which he belongs, the equal privilege of a preliminary hearing with other citizens of the state similarly situated, the circuit court did not err in denying the motion to dismiss the indictment.” Id. at 243.

1983We held that the attack failed ‘[wjithout a showing that the administration of Or Const art VII, § 5 and ORS 135.070-135.185 in fact denied defendant individually, or a class to which he belongs, the equal privilege of a preliminary hearing with other citizens of the state similarly situated.’ State v. Clark, 291 Or at 243.

33
Missouri, K. & T. Ry. Co. v. Longgreen
okla · 1926 · cited in 1 Oregon opinions naming this issue, 1982–1982
2 sentences

1982The right to control its order of business and to so conduct the same that the rights of all litigants may properly be safeguarded has always been recognized as inherent in courts, and to strip them of that authority would necessarily render them so impotent and useless as to leave little excuse for their existence and place in the hands of the legislative branch of the state, power and control never contemplated by the Constitution.” Atchison, Topeka & Santa Fe Railway Company v. Long, 122 Okla 86, 251 P 486, 489 (1926).

1982The right to control its order of business and to so conduct the same that the rights of all litigants may properly be safeguarded has always been recognized as inherent in courts, and to strip them of that authority would necessarily render them so impotent and useless as to leave little excuse for their existence and place in the hands of the legislative branch of the state, power and control never contemplated by the Constitution." Atchison, Topeka & Santa Fe Railway Company v. Long, 122 Okl. 86 , 251 P. 486, 489 (1926).

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 (5)

CaseCitedYears
State v. Goacher green
orctapp · 2020
2 sentences

2026“To bring an individual-based claim under Article I, section 20, a defen- dant must initially show that the government in fact denied defendant individually an equal privilege with other citizens of the state similarly situated.” State v. Goacher, 303 Or App 783, 790 , 466 P3d 1047 (2020) (internal quotation marks omitted).

2026“To bring an individual-based claim under Article I, section 20, a defen- dant must initially show that the government in fact denied defendant individually an equal privilege with other citizens of the state similarly situated.” State v. Goacher, 303 Or App 783, 790 , 466 P3d 1047 (2020) (internal quotation marks omitted).

22026–2026
State v. Savastano green
or · 2013
2 sentences

2022Defendant invokes State v. Savastano, 354 Or 64, 96 , 309 P3d 1083 (2013), which made clear that a person can bring an individ- ual claim that the state, in its exercise of prosecutorial dis- cretion, “in fact denied defendant individually * * * an equal privilege * * * with other citizens of the state similarly situ- ated” in violation of the privileges and immunities clause.

2022Defendant invokes State v. Savastano, 354 Or 64, 96 , 309 P3d 1083 (2013), which made clear that a person can bring an individ- ual claim that the state, in its exercise of prosecutorial dis- cretion, “in fact denied defendant individually * * * an equal privilege * * * with other citizens of the state similarly situ- ated” in violation of the privileges and immunities clause.

12022–2022
Atchison, T. & S. F. Ry. Co. v. Long neutral
okla · 1926
1 sentence

1982The right to control its order of business and to so conduct the same that the rights of all litigants may properly be safeguarded has always been recognized as inherent in courts, and to strip them of that authority would necessarily render them so impotent and useless as to leave little excuse for their existence and place in the hands of the legislative branch of the state, power and control never contemplated by the Constitution." Atchison, Topeka & Santa Fe Railway Company v. Long, 122 Okl. 86 , 251 P. 486, 489 (1926).

11982–1982
State v. Muller green
or · 1906
2 sentences

1914Water rights, like all other rights, are subject to such reasonable regulations as are essential to the general welfare, peace and good order of the citizens of the state, to the end that the use of water by one, however absolute and unqualified his right thereto, shall not be injurious to the equal enjoyment of others entitled to the equal privilege of using water from the same source, nor injurious to the rights of the public: State v. Muller, 48 Or. 252 ( 85 Pac. 855 , 120 Am.

1914Water rights, like all other rights, are subject to such reasonable regulations as are essential to the general welfare, peace and good order of the citizens of the state, to the end that the use of water by one, however absolute and unqualified his right thereto, shall not be injurious to the equal enjoyment of others entitled to the equal privilege of using water from the same source, nor injurious to the rights of the public: State v. Muller, 48 Or. 252 ( 85 Pac. 855 , 120 Am.

11914–1914
Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co. green
· 1884
1 sentence

1904In Butchers’ Union Co. v. Crescent City, 111 U. S. 746 (4 Sup. Ct. 652), the monopoly thus created was destroyed by a statute passed in pursuance of an amendment to the Constitution of Louisiana, whereby an equal privilege was granted to another corporation.

11904–1904

Where else courts name it

IL 21 (1953–2022) OR 9 (1904–2026) KS 9 (1894–2011) OH 8 (1989–2025) CA 8 (1962–2022) IA 5 (1938–2020) PA 4 (1934–1989) ID 4 (1987–2007) NJ 3 (1933–2008) IN 3 (1862–1957) MA 3 (1922–1935) NY 3 (1975–1992) AL 2 (1993–2006) TN 2 (1956–2011) OK 2 (1908–1958) DE 2 (1950–1950) WA 2 (1965–1991) TX 2 (1987–1990)

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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