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10 Oregon opinions name it 3 courts 1926–2026 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.
| Case | Followed | Cited |
|---|---|---|
Chapman v. Californiayellow2 sentences1996See Chapman v. California, 386 US 18, 24 , 87 S Ct 824 , 17 L Ed 2d 705 (1967) (stating that federal constitutional error is deemed harmless if the appellate court concludes beyond a reasonable doubt that the error did not contribute to the conviction). 1996See Chapman v. California, 386 US 18, 24 , 87 S Ct 824 , 17 L Ed 2d 705 (1967) (stating that federal constitutional error is deemed harmless if the appellate court concludes beyond a reasonable doubt that the error did not contribute to the conviction). | 2 | 2 |
State v. Pinnellgreen2 sentences1996See State v. Pin-nell, 319 Or 438 , 446 n 9, 877 P2d 635 (1994) (“[u]nder state law, an error is harmless if there is ‘little likelihood that the *51 error affected the verdict’ ”). 1996See State v. Pin-nell, 319 Or 438 , 446 n 9, 877 P2d 635 (1994) (“[u]nder state law, an error is harmless if there is ‘little likelihood that the *51 error affected the verdict’ ”). | 2 | 2 |
Commonwealth v. Burgosgreen1 sentence2026See Commonwealth v. Burgos, 223 Pa Super 325, 331, 299 A2d 34, 38 (1972) (reasoning that coercion may be present when police interact with a person who does not understand English well because “a person without a facility in the English language might understand a request, however phrased, to be an order and thus merely acquiesce, rather than voluntarily consent to the request”). *225 her backpack, which uncovered illegal drugs. | 1 | 1 |
State v. Acremantgreen2 sentences2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). 2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). | 1 | 1 |
Church at 295 S. 18th St., St. Helens v. Employment Departmentgreen2 sentences2017On the other hand, if the Court meant that strict scrutiny pertains only when an additional constitutional *547 claim is successfully asserted, then the rule of Smith becomes mere surplusage, as the church already would win under the alternate constitutional theory." Id. at 127-28 , 28 P.3d 1185 . 2017On the other hand, if the Court meant that strict scrutiny pertains only when an additional constitutional *547 claim is successfully asserted, then the rule of Smith becomes mere surplusage, as the church already would win under the alternate constitutional theory." Id. at 127-28 , 28 P.3d 1185 . | 1 | 1 |
State v. Charboneaugreen1 sentence1996See Chapman v. California, 386 US 18, 24 , 87 S Ct 824 , 17 L Ed 2d 705 (1967) (stating that federal constitutional error is deemed harmless if the appellate court concludes beyond a reasonable doubt that the error did not contribute to the conviction).” 323 Or at 50-51 (emphasis in original). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fulmer v. Timber Inn Restaurant & Lounge, Inc.
red
2 sentences2017Defendant cites Fulmer v. Timber Inn Restaurant and Lounge, Inc., 330 Or 413, 424 , 9 P3d 710 (2000), for the proposition that “[although the legislature may abrogate rules of the common law by statute,” it cannot be considered to have done so when the court recognizes the common-law claim after the enactment of the legislation in question. 2017Defendant cites Fulmer v. Timber Inn Restaurant and Lounge, Inc., 330 Or 413, 424 , 9 P3d 710 (2000), for the proposition that “[although the legislature may abrogate rules of the common law by statute,” it cannot be considered to have done so when the court recognizes the common-law claim after the enactment of the legislation in question. | 2 | 2017–2017 |
State v. Lowry
green
2 sentences2023State v. Smith, 310 Or 1, 13 , 791 P2d 836 (1990) (quoting State v. Lowry, 37 Or App 641, 651-52 , 588 P2d 623 (1978), rev den, 285 Or 195 (1979)) (brackets omitted) (the “Smith test”). 2023State v. Smith, 310 Or 1, 13 , 791 P2d 836 (1990) (quoting State v. Lowry, 37 Or App 641, 651-52 , 588 P2d 623 (1978), rev den, 285 Or 195 (1979)) (brackets omitted) (the “Smith test”). | 1 | 2023–2023 |
Acremant v. Oregon
green
2 sentences2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). 2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). | 1 | 2023–2023 |
McNeely v. Oregon
green
2 sentences2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). 2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). | 1 | 2023–2023 |
State v. McNeely
green
2 sentences2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). 2023See id. at 13-14; State v. Acremant, 338 Or 302, 329 , 108 P3d 1139 , cert den, 546 US 864 (2005); State v. McNeely, 330 Or 457, 461 , 8 P3d 212 , cert den, 531 US 1055 (2000). | 1 | 2023–2023 |
State v. Smith
green
2 sentences2023State v. Smith, 310 Or 1, 13 , 791 P2d 836 (1990) (quoting State v. Lowry, 37 Or App 641, 651-52 , 588 P2d 623 (1978), rev den, 285 Or 195 (1979)) (brackets omitted) (the “Smith test”). 2023State v. Smith, 310 Or 1, 13 , 791 P2d 836 (1990) (quoting State v. Lowry, 37 Or App 641, 651-52 , 588 P2d 623 (1978), rev den, 285 Or 195 (1979)) (brackets omitted) (the “Smith test”). | 1 | 2023–2023 |
State v. Sierra
green
2 sentences2017According to defendant, even if the last sentence of ORS 138.222(5)(a)—“[t]he sentencing Cite as 361 Or 723 (2017) 731 court may impose a new sentence for any conviction in the remanded case”—abrogated the Smith rule, the last clause of ORS 138.222(5)(b)—“the appellate court shall remand the case to the trial court for resentencing on the affirmed count or counts”—has a substantially different, and nar- rower, meaning. 2017According to defendant, even if the last sentence of ORS 138.222(5)(a)—“[t]he sentencing Cite as 361 Or 723 (2017) 731 court may impose a new sentence for any conviction in the remanded case”—abrogated the Smith rule, the last clause of ORS 138.222(5)(b)—“the appellate court shall remand the case to the trial court for resentencing on the affirmed count or counts”—has a substantially different, and nar- rower, meaning. | 1 | 2017–2017 |
State v. Pratt
green
2 sentences2016Under that doctrine, once an appellate court has rendered a ruling on a particular issue in a case, that ruling “is binding and conclusive both upon the inferior court in any further steps or proceedings in the same litigation and upon the appellate court itself in any subsequent appeal or proceeding for review.” State v. Pratt, 316 Or 561, 569 , 853 P2d 827 (1993) (internal citation and quotation marks omitted). 2016Under that doctrine, once an appellate court has rendered a ruling on a particular issue in a case, that ruling “is binding and conclusive both upon the inferior court in any further steps or proceedings in the same litigation and upon the appellate court itself in any subsequent appeal or proceeding for review.” State v. Pratt, 316 Or 561, 569 , 853 P2d 827 (1993) (internal citation and quotation marks omitted). | 1 | 2016–2016 |
Forest Products Co. v. Dant & Russell, Inc.
neutral
2 sentences1992Sam’s Texaco and AAA point out that special verdicts must be construed liberally with a view of ascertaining the intention of the jury, Forest Products Co. v. Dant & Russell, 117 Or 637, 646 , 244 P 531 (1926), and that the jury clearly intended to find in favor of both Sam’s Texaco and AAA. 1992Sam’s Texaco and AAA point out that special verdicts must be construed liberally with a view of ascertaining the intention of the jury, Forest Products Co. v. Dant & Russell, 117 Or 637, 646 , 244 P 531 (1926), and that the jury clearly intended to find in favor of both Sam’s Texaco and AAA. | 1 | 1992–1992 |
Allen v. Elwert
green
2 sentences1926S. Campbell claim: Rental horses — $35.00 per month per team ..........................216.77 In considering the mechanic’s lien law of this state, it was said in Allen v. Elwert, 29 Or. 428 ( 44 Pac. 824 ): “We do not think the claimants are entitled to a lien for the use of their tools or appliances # * for the reason that they are in no sense either materials furnished to be used in the construction, alteration, or repair of a building, ,or labor performed thereon, and are therefore not within either the letter or spirit of the statute.” In 18 R. 1926S. Campbell claim: Rental horses — $35.00 per month per team ..........................216.77 In considering the mechanic’s lien law of this state, it was said in Allen v. Elwert, 29 Or. 428 ( 44 Pac. 824 ): “We do not think the claimants are entitled to a lien for the use of their tools or appliances # * for the reason that they are in no sense either materials furnished to be used in the construction, alteration, or repair of a building, ,or labor performed thereon, and are therefore not within either the letter or spirit of the statute.” In 18 R. | 1 | 1926–1926 |
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.