standalone claim (Oregon) · Go Syfert
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standalone claim in Oregon

9 Oregon opinions name it 1 courts 2020–2026 8 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
Watkins v. Ackleygreen
or · 2022 · cited in 2 Oregon opinions naming this issue, 2026–2026
2 sentences

2026That statute provides that a “con- viction” secured by unconstitutional means—specifically a substantial denial of the defendant’s constitutional rights— is “void.” ORS 138.530(1)(a) (requiring post-conviction relief to be granted when the petitioner establishes “[a] substan- tial denial in the proceedings resulting in petitioner’s con- viction, or in the appellate review thereof, of petitioner’s rights under the Constitution of the United States, or under the Constitution of the State of Oregon, or both, and which denial rendered the conviction void”); Watkins, 370 Or at 623 (emphasizing that

2026Describing the “import” of Ramos as “undeniable,” the court took as a given that “convicting a defendant on a nonunanimous jury verdict amounts to a ‘substantial denial in the proceedings resulting in petitioner’s conviction * * * of petitioner’s rights under the Constitution of the United States * * * which denial rendered the conviction void[.]’ ” Watkins, 370 Or at 607 , 610 (quoting ORS 138.530(1)(a) (ellipses in Watkins; footnote omitted)).

22
Jones v. Browngreen
or · 2022 · cited in 2 Oregon opinions naming this issue, 2023–2023
2 sentences

2023See Jones, 370 Or at 652 n 2 (relying on Watkins to reverse the denial of post-conviction relief with respect to those convictions that had been reached by nonunanimous jury verdicts, while rejecting various other assignments with respect to those convictions reached by unanimous jury verdicts).

2023See Jones, 370 Or at 652 n 2 (relying on Watkins to reverse the denial of post-conviction relief with respect to those convictions that had been reached by nonunanimous jury verdicts, while rejecting various other assignments with respect to those convictions reached by unanimous jury verdicts).

22

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 (6)

CaseCitedYears
Ramos v. Louisiana green
· 2020
2 sentences

2026I disagree and am with the post-conviction court on that issue.1 Like anyone bringing a standalone claim for post- conviction relief based on Ramos v. Louisiana, 590 US 83 , 140 S Ct 1390 , 206 L Ed 2d 583 (2020), petitioner seeks relief under ORS 138.530(1)(a).

2026I disagree and am with the post-conviction court on that issue.1 Like anyone bringing a standalone claim for post- conviction relief based on Ramos v. Louisiana, 590 US 83 , 140 S Ct 1390 , 206 L Ed 2d 583 (2020), petitioner seeks relief under ORS 138.530(1)(a).

72023–2026
Ramos v. Louisiana green
scotus · 2020
2 sentences

2026I disagree and am with the post-conviction court on that issue.1 Like anyone bringing a standalone claim for post- conviction relief based on Ramos v. Louisiana, 590 US 83 , 140 S Ct 1390 , 206 L Ed 2d 583 (2020), petitioner seeks relief under ORS 138.530(1)(a).

2026I disagree and am with the post-conviction court on that issue.1 Like anyone bringing a standalone claim for post- conviction relief based on Ramos v. Louisiana, 590 US 83 , 140 S Ct 1390 , 206 L Ed 2d 583 (2020), petitioner seeks relief under ORS 138.530(1)(a).

42025–2026
Peeler v. Reyes green
orctapp · 2023
1 sentence

2024But that claim, as we understand it, is foreclosed by Peeler, 328 Or App at 118 .

12024–2024
Kamyr, Inc. v. BOISE CASCADE CORPORATION green
or · 1974
1 sentence

2020Kamyr, 268 Or at 136 .

12020–2020
Eclectic Investmetn, LLC v. Patterson green
or · 2015
2 sentences

2020Quality Plus acknowledged below that the claim was a novel one, but that the potential availability of recovery for its fees and expenses as a standalone claim was recognized by the Supreme Court in Eclectic Investment, LLC v. Patterson, 357 Or 25, 39 , 346 P3d 468 , adh’d to as modified on recons, 357 Or 327 , 354 P3d 678 (2015).

2020Quality Plus acknowledged below that the claim was a novel one, but that the potential availability of recovery for its fees and expenses as a standalone claim was recognized by the Supreme Court in Eclectic Investment, LLC v. Patterson, 357 Or 25, 39 , 346 P3d 468 , adh’d to as modified on recons, 357 Or 327 , 354 P3d 678 (2015).

12020–2020
Eclectic Investment, LLC v. Patterson green
or · 2015
2 sentences

2020Quality Plus acknowledged below that the claim was a novel one, but that the potential availability of recovery for its fees and expenses as a standalone claim was recognized by the Supreme Court in Eclectic Investment, LLC v. Patterson, 357 Or 25, 39 , 346 P3d 468 , adh’d to as modified on recons, 357 Or 327 , 354 P3d 678 (2015).

2020Quality Plus acknowledged below that the claim was a novel one, but that the potential availability of recovery for its fees and expenses as a standalone claim was recognized by the Supreme Court in Eclectic Investment, LLC v. Patterson, 357 Or 25, 39 , 346 P3d 468 , adh’d to as modified on recons, 357 Or 327 , 354 P3d 678 (2015).

12020–2020

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 138.530 (4) OR § Or. Rev. Stat. § 138.510 (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

NC 11 (2018–2025) OR 9 (2020–2026) DE 8 (2022–2026) WI 7 (2021–2025) IL 4 (2022–2026) IA 3 (2022–2022) PA 3 (2009–2025) SC 2 (2016–2016) CA 2 (2026–2026) WA 2 (2024–2024) VA 2 (2021–2024) IN 2 (2016–2025) MI 2 (2023–2024) UT 2 (2024–2024) ID 2 (2021–2025) AZ 2 (2014–2022)

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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