party requests an appropriate instruction (Oregon) · Go Syfert
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party requests an appropriate instruction in Oregon

9 Oregon opinions name it 1 courts 2015–2024 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 (1)

CaseFollowedCited
State v. Phillipsgreen
or · 2013 · cited in 8 Oregon opinions naming this issue, 2015–2024
2 sentences

2024The Supreme Court has established: “[I]f the state seeks to hold a defendant liable either as the principal or as an aider and abettor and if a party requests an appropriate instruction, the trial court should instruct the jury that [the] jurors must agree on each legislatively defined element necessary to find the defendant liable under one theory or the other.” State v. Phillips, 354 Or 598, 606 , 317 P3d 236 (2013).

2024The Supreme Court has established: “[I]f the state seeks to hold a defendant liable either as the principal or as an aider and abettor and if a party requests an appropriate instruction, the trial court should instruct the jury that [the] jurors must agree on each legislatively defined element necessary to find the defendant liable under one theory or the other.” State v. Phillips, 354 Or 598, 606 , 317 P3d 236 (2013).

28

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 (4)

CaseCitedYears
State v. Carr green
orctapp · 2022
1 sentence

2022Put differently, if 5 That statute provides that a person may be criminally liable for the crimi- nal conduct of another person if the person, “[w]ith the intent to promote or facil- itate the commission of the crime” “[a]ids or abets or agrees or attempts to aid or abet such other person in planning or committing the crime[.]” Cite as 319 Or App 684 (2022) 689 the state seeks to hold a defendant liable either as the prin- cipal or as an aider and abettor and if a party requests an appropriate instruction, the trial court should instruct the jury that at least 10 jurors must agree on each legi

12022–2022
Ailes v. Portland Meadows, Inc. green
or · 1991
2 sentences

2015Defendant urges us to exercise our discretion under ORAP 5.45(1) and Ailes v. Portland Meadows, Inc., 312 Or 376, 380-81 , 823 P2d 956 (1991), to consider and correct the trial court’s alleged error in failing to deliver a concurrence instruction.

2015Defendant urges us to exercise our discretion under ORAP 5.45(1) and Ailes v. Portland Meadows, Inc., 312 Or 376, 380-81 , 823 P2d 956 (1991), to consider and correct the trial court’s alleged error in failing to deliver a concurrence instruction.

12015–2015
State v. Blake green
or · 2010
1 sentence

2015Accordingly, the court explained: “[I]f the state seeks to hold a defendant liable as the principal or as an aider and abettor and if a party requests an appropriate instruction, the trial court should instruct the jury that at least 10 jurors must agree on each legislatively defined element necessary to find the defendant liable under one theory or the other.” Id.

12015–2015
State v. Gaines green
orctapp · 2015
2 sentences

2015But, after the Supreme Court’s ruling in Phillips , in State v. Gaines, 275 Or App 736 , 365 P3d 1103 (2015), we rejected the state’s argument that the trial court should give a jury concurrence instruction only “if a party requests an appropriate instruction.” Id. at 746 (citing Phillips, 354 Or at 606 ).

2015But, after the Supreme Court’s ruling in Phillips , in State v. Gaines, 275 Or App 736 , 365 P3d 1103 (2015), we rejected the state’s argument that the trial court should give a jury concurrence instruction only “if a party requests an appropriate instruction.” Id. at 746 (citing Phillips, 354 Or at 606 ).

12015–2015

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 161.155 (6) OR § Or. Rev. Stat. § 164.395 (3) OR § Or. Rev. Stat. § 164.405 (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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