indictment charges a single violation (Oregon) · Go Syfert
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indictment charges a single violation in Oregon

9 Oregon opinions name it 3 courts 2015–2025 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. Ashkinsgreen
or · 2015 · cited in 4 Oregon opinions naming this issue, 2019–2025
2 sentences

2025State v. Ashkins, 357 Or 642, 659 , 357 P3d 490 (2015).

2020Contesting this conclusion, the state argues that, “[i]n the cases that defendant cites as presenting multiple occurrences of the charged crime, the need for a concurrence instruction arose because the record would have allowed multiple convictions of the charged crime, but the state had charged only a single count.” Indeed, many cases describe the scenario requiring a concurrence instruction as “when the indictment charges a single violation of a crime but the evidence permits the jury to find multiple, separate occur- rences of that crime.” Pipkin, 354 Or at 517 ; see also Ashkins, 357 Or at

14
State v. Teaguesgreen
orctapp · 2016 · cited in 1 Oregon opinions naming this issue, 2020–2020
1 sentence

2020Contesting this conclusion, the state argues that, “[i]n the cases that defendant cites as presenting multiple occurrences of the charged crime, the need for a concurrence instruction arose because the record would have allowed multiple convictions of the charged crime, but the state had charged only a single count.” Indeed, many cases describe the scenario requiring a concurrence instruction as “when the indictment charges a single violation of a crime but the evidence permits the jury to find multiple, separate occur- rences of that crime.” Pipkin, 354 Or at 517 ; see also Ashkins, 357 Or at

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. Pipkin green
or · 2013
2 sentences

2021The other situation occurs ‘when the indictment charges a single violation of a crime but the evidence per- mits the jury to find multiple, separate occurrences of that crime.’ Id. at 517 .

2020Oregon distinguishes two types of situations requir- ing a concurrence instruction: (1) “when a statute defines one crime but specifies alternative ways in which that crime can be committed” and (2) “when the indictment charges a single violation of a crime but the evidence permits the jury to find multiple, separate occurrences of that crime.” State v. Pipkin, 354 Or 513, 516-17 , 316 P3d 255 (2013).

72015–2021
Hettler v. Kahn green
scotus · 2004
1 sentence

2016In the latter circumstance — the circumstance that petitioner asserts existed here with respect to some or all of the coercion counts — “a defendant can ask for an instruction requiring jury concurrence on one of the several occurrences that the record discloses.” Id. (citing State v. Hale, 335 Or 612 , 75 P3d 448 (2003), cert den, 541 US 942 (2004); and State v. Lotches, 331 Or 455 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001)) (emphasis added).

12016–2016
Hilgert v. Mark Twain/Mercantile Bank green
scotus · 2001
1 sentence

2016In the latter circumstance — the circumstance that petitioner asserts existed here with respect to some or all of the coercion counts — “a defendant can ask for an instruction requiring jury concurrence on one of the several occurrences that the record discloses.” Id. (citing State v. Hale, 335 Or 612 , 75 P3d 448 (2003), cert den, 541 US 942 (2004); and State v. Lotches, 331 Or 455 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001)) (emphasis added).

12016–2016
State v. Hale green
or · 2003
2 sentences

2016In the latter circumstance — the circumstance that petitioner asserts existed here with respect to some or all of the coercion counts — “a defendant can ask for an instruction requiring jury concurrence on one of the several occurrences that the record discloses.” Id. (citing State v. Hale, 335 Or 612 , 75 P3d 448 (2003), cert den, 541 US 942 (2004); and State v. Lotches, 331 Or 455 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001)) (emphasis added).

2016In the latter circumstance — the circumstance that petitioner asserts existed here with respect to some or all of the coercion counts — “a defendant can ask for an instruction requiring jury concurrence on one of the several occurrences that the record discloses.” Id. (citing State v. Hale, 335 Or 612 , 75 P3d 448 (2003), cert den, 541 US 942 (2004); and State v. Lotches, 331 Or 455 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001)) (emphasis added).

12016–2016
State v. Lotches green
or · 2000
2 sentences

2016In the latter circumstance — the circumstance that petitioner asserts existed here with respect to some or all of the coercion counts — “a defendant can ask for an instruction requiring jury concurrence on one of the several occurrences that the record discloses.” Id. (citing State v. Hale, 335 Or 612 , 75 P3d 448 (2003), cert den, 541 US 942 (2004); and State v. Lotches, 331 Or 455 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001)) (emphasis added).

2016In the latter circumstance — the circumstance that petitioner asserts existed here with respect to some or all of the coercion counts — “a defendant can ask for an instruction requiring jury concurrence on one of the several occurrences that the record discloses.” Id. (citing State v. Hale, 335 Or 612 , 75 P3d 448 (2003), cert den, 541 US 942 (2004); and State v. Lotches, 331 Or 455 , 17 P3d 1045 (2000), cert den, 534 US 833 (2001)) (emphasis added).

12016–2016

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 163.160 (3) OR § Or. Rev. Stat. § 163.190 (3) OR § Or. Rev. Stat. § 163.195 (3) OR § Or. Rev. Stat. § 166.220 (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.

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