responsibility defense in Oregon

9 Oregon opinions name it 2 courts 1977–2025 2 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)

Case	Followed	Cited
Sanford v. Balteau Standard/SAIF Corp.green orctapp · 1996 · cited in 1 Oregon opinions naming this issue, 1997–1997 2 sentences 1997See Sanford v. Balteau Standard/SAIF Corp., 140 Or App 177 , 914 P2d 708 (1996) (A determination of whether a new injury involves the same condition as a previously accepted injury is a factual determination.). 3 SAIF argues that ORS 656.308(2) also allows Willamette to assert a responsibility defense, regardless of whether ORS 656.308(1) applies. 1997See Sanford v. Balteau Standard/SAIF Corp., 140 Or App 177 , 914 P2d 708 (1996) (A determination of whether a new injury involves the same condition as a previously accepted injury is a factual determination.). 3 SAIF argues that ORS 656.308(2) also allows Willamette to assert a responsibility defense, regardless of whether ORS 656.308(1) applies.	1	1
Hunt v. Garrett Freightlinersgreen orctapp · 1988 · cited in 1 Oregon opinions naming this issue, 1992–1992 2 sentences 1992See Hunt v. Garrett Freightliners, 92 Or App 40 , 756 P2d 1275 (1988). 1992See Hunt v. Garrett Freightliners, 92 Or App 40 , 756 P2d 1275 (1988).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Employer Solutions Staffing Group v. SAIF neutral orctapp · 2025 2 sentences 2025Cite as 343 Or App 206 (2025) 219 As such, claimant had a material, substantial inter- est in determining that ESSG was the responsible party and evidence in the record supports that claimant litigated that issue. 2025Cite as 343 Or App 206 (2025) 219 As such, claimant had a material, substantial inter- est in determining that ESSG was the responsible party and evidence in the record supports that claimant litigated that issue.	2	2025–2025
State v. Booth green or · 1978 2 sentences 2019We conclude that the trial court did not commit reversible error in denying defendant's motion and, in light of State v. Booth , 284 Or. 615 , 588 P.2d 614 (1978), and the facts here, any error resulting from the trial court's failure to instruct the jury on the partial responsibility defense is harmless. 2019We conclude that the trial court did not commit reversible error in denying defendant's motion and, in light of State v. Booth , 284 Or. 615 , 588 P.2d 614 (1978), and the facts here, any error resulting from the trial court's failure to instruct the jury on the partial responsibility defense is harmless.	1	2019–2019
Trujillo v. Maass green or · 1991 2 sentences 2002“To be entitled to post-conviction relief on the basis of inadequate assistance of counsel, a petitioner must show, ‘by a preponderance of the evidence, facts demonstrating that trial counsel failed to exercise reasonable professional skill and judgment and that petitioner suffered prejudice as a result.’ ” Stevens v. State of Oregon, 322 Or 101, 108 , 902 P2d 1137 (1995) (quoting Trujillo v. Maass, 312 Or 431, 435 , 822 P2d 703 (1991)). 2002“To be entitled to post-conviction relief on the basis of inadequate assistance of counsel, a petitioner must show, ‘by a preponderance of the evidence, facts demonstrating that trial counsel failed to exercise reasonable professional skill and judgment and that petitioner suffered prejudice as a result.’ ” Stevens v. State of Oregon, 322 Or 101, 108 , 902 P2d 1137 (1995) (quoting Trujillo v. Maass, 312 Or 431, 435 , 822 P2d 703 (1991)).	1	2002–2002
Stevens v. State green or · 1995 2 sentences 2002“To be entitled to post-conviction relief on the basis of inadequate assistance of counsel, a petitioner must show, ‘by a preponderance of the evidence, facts demonstrating that trial counsel failed to exercise reasonable professional skill and judgment and that petitioner suffered prejudice as a result.’ ” Stevens v. State of Oregon, 322 Or 101, 108 , 902 P2d 1137 (1995) (quoting Trujillo v. Maass, 312 Or 431, 435 , 822 P2d 703 (1991)). 2002“To be entitled to post-conviction relief on the basis of inadequate assistance of counsel, a petitioner must show, ‘by a preponderance of the evidence, facts demonstrating that trial counsel failed to exercise reasonable professional skill and judgment and that petitioner suffered prejudice as a result.’ ” Stevens v. State of Oregon, 322 Or 101, 108 , 902 P2d 1137 (1995) (quoting Trujillo v. Maass, 312 Or 431, 435 , 822 P2d 703 (1991)).	1	2002–2002
State v. Webb green or · 1996 1 sentence 1998This is not a lack of responsibility which will excuse crime of any sort; it will excuse only crime charged which requires the state show a specific mental element.” Id., February 10, 1971, 3. 13 50 Finally: “Professor Platt stated that the partial responsibility defense would apply to many kinds of crimes, other than homicide, where there is a specific, identifiable intent as a material element. * * [T]he partial responsibility defense * * * still directly relate[s] to the new homicide provisions in the Proposed Code because under the new provisions, murder may only be committed intentiona	1	1998–1998
State v. Francis green or · 1978 2 sentences 1978In State v. Francis, 284 Or 621 , 588 P2d 611 , decided this day, we noted that ORS 161.300 is an evidentiary statute and does not speak to the issue of jury instructions. 1978In State v. Francis, 284 Or 621 , 588 P2d 611 , decided this day, we noted that ORS 161.300 is an evidentiary statute and does not speak to the issue of jury instructions.	1	1978–1978
State v. Booth green orctapp · 1977 1 sentence 1978II The Court of Appeals held that the trial court had no duty to instruct on the partial responsibility defense in this case because: (1) the "defense” of partial responsibility actually is just one method of disproving the "intent” element of the State’s case, and instructions to the jury that the State must prove "intent” beyond a reasonable doubt are sufficient to direct the jury’s attention to the partial responsibility evidence; and (2) any attempt to explain the "subtle” distinction between partial responsibility and insanity seems unworkable. 30 Or App at 358 .	1	1978–1978
State v. Stockett green or · 1977 1 sentence 1977In Stockett the Supreme Court also stated: "The partial responsibility defense is not a complete defense to the crime charged but results in a conviction on a lesser-included offense.” 278 Or at 640 .	1	1977–1977

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 161.300 (5) OR § Or. Rev. Stat. § 161.295 (4) OR § Or. Rev. Stat. § 183.482 (4) OR § Or. Rev. Stat. § 656.307 (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.

Where else courts name it

IA 27 (1999–2025) IL 20 (1976–2020) TX 19 (1979–2022) CT 16 (1992–2020) CO 14 (1981–2016) NY 13 (1904–2016) IN 12 (1965–2011) FL 11 (1982–2022) CA 11 (1969–2021) MS 10 (2004–2021) MO 9 (1973–2021) OH 9 (1919–2023) OR 9 (1977–2025) AZ 9 (1974–2016) PA 7 (1977–2009) WA 7 (1999–2014) MI 6 (1903–2023) WI 6 (1968–2000) OK 6 (1974–1993) SD 5 (1992–2000) WY 4 (1987–2000) SC 4 (2009–2021) MA 4 (1990–2012) ME 4 (1974–1985) RI 4 (2001–2010) DC 4 (1979–2016) NJ 4 (1969–2021) MD 4 (1974–2020) AL 3 (1981–2011) ND 2 (1982–1982) LA 2 (2017–2024) NV 2 (1957–2020) VA 2 (1986–2003) UT 2 (1992–2021) NC 2 (1883–1994)

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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