strength presumption (Oregon) · Go Syfert
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strength presumption in Oregon

9 Oregon opinions name it 2 courts 1943–2022 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)

CaseFollowedCited
Lichau v. Baldwingreen
or · 2002 · cited in 1 Oregon opinions naming this issue, 2022–2022
2 sentences

2022We held in Lichau that the petitioner’s trial counsel had provided constitutionally inad- equate assistance by deciding to withdraw an alibi defense without adequately investigating the strength of the defense. 333 Or at 362 .

2022Our decision makes clear that the same deci- sion to withdraw the defense, or to limit investigation of the defense, might have been reasonable in the abstract, or under other circumstances, but that “to be considered an exercise of professional skill and judgment, a lawyer’s tactical deci- sion must be grounded on a reasonable investigation.” Id. at 360 (internal quotation marks omitted).

11
Kerr v. Millergreen
orctapp · 1999 · cited in 1 Oregon opinions naming this issue, 2002–2002
2 sentences

2002Relevant considerations include convenience, id., the strength of the claim’s ties to each forum, see Goode and Goode, 165 Or App 327, 336-37 , 997 P2d 244 , rev den 330 Or 412 (2000) (considering forum connections in dissolution action), and the relative expertise of courts in each forum, see Kerr v. Miller, 159 Or App 613, 636 , 977 P2d 438 , rev den 329 Or 287 (1999) (“Because the substance of Kerr’s attack * * * depends on principles of bankruptcy law, we decline, as did the trial court, to revisit the bankruptcy court’s ruling.”).

2002Relevant considerations include convenience, id., the strength of the claim’s ties to each forum, see Goode and Goode, 165 Or App 327, 336-37 , 997 P2d 244 , rev den 330 Or 412 (2000) (considering forum connections in dissolution action), and the relative expertise of courts in each forum, see Kerr v. Miller, 159 Or App 613, 636 , 977 P2d 438 , rev den 329 Or 287 (1999) (“Because the substance of Kerr’s attack * * * depends on principles of bankruptcy law, we decline, as did the trial court, to revisit the bankruptcy court’s ruling.”).

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 (8)

CaseCitedYears
Van Vlack v. Van Vlack green
or · 1947
2 sentences

1989The strength of the presumption depends on the extent of control that the decedent had over the repository of the will and the extent to which others had access to it. 181 Or at 658 .

1971The court in Van Vlach pointed out that the strength of the presumption or inference that the will has been revoked is “* * * dependent upon the control which the decedent possessed over the repository and the. access which others had to it. * * *” 181 Or at 658 .

31971–1989
In Re Brown's Estate neutral
or · 1940
2 sentences

1952In In re Brown’s Estate, 165 Or 575, 585 , 108 P2d 775 , the late Justice Belt said: “The strength of the presumption of undue influence depends upon the particular facts and circumstances in each case.

1952In In re Brown’s Estate, 165 Or 575, 585 , 108 P2d 775 , the late Justice Belt said: “The strength of the presumption of undue influence depends upon the particular facts and circumstances in each case.

21952–1952
Dept. of Human Services v. E. J. green
orctapp · 2021
1 sentence

2021For example, the proposed amendment to subsection (2)(a) Cite as 316 Or App 537 (2021) 549 “provides that ‘history and prognosis’ reports and material will continue to be privileged—whether maintained in the supplemental confidential file or whether they ultimately become part of the record of the case.

12021–2021
Fry v. DH Overmyer Co., Inc. green
or · 1974
1 sentence

2002Relevant considerations include convenience, id., the strength of the claim’s ties to each forum, see Goode and Goode, 165 Or App 327, 336-37 , 997 P2d 244 , rev den 330 Or 412 (2000) (considering forum connections in dissolution action), and the relative expertise of courts in each forum, see Kerr v. Miller, 159 Or App 613, 636 , 977 P2d 438 , rev den 329 Or 287 (1999) (“Because the substance of Kerr’s attack * * * depends on principles of bankruptcy law, we decline, as did the trial court, to revisit the bankruptcy court’s ruling.”).

12002–2002
In the Matter of the Marriage of Goode neutral
orctapp · 2000
2 sentences

2002Relevant considerations include convenience, id., the strength of the claim’s ties to each forum, see Goode and Goode, 165 Or App 327, 336-37 , 997 P2d 244 , rev den 330 Or 412 (2000) (considering forum connections in dissolution action), and the relative expertise of courts in each forum, see Kerr v. Miller, 159 Or App 613, 636 , 977 P2d 438 , rev den 329 Or 287 (1999) (“Because the substance of Kerr’s attack * * * depends on principles of bankruptcy law, we decline, as did the trial court, to revisit the bankruptcy court’s ruling.”).

2002Relevant considerations include convenience, id., the strength of the claim’s ties to each forum, see Goode and Goode, 165 Or App 327, 336-37 , 997 P2d 244 , rev den 330 Or 412 (2000) (considering forum connections in dissolution action), and the relative expertise of courts in each forum, see Kerr v. Miller, 159 Or App 613, 636 , 977 P2d 438 , rev den 329 Or 287 (1999) (“Because the substance of Kerr’s attack * * * depends on principles of bankruptcy law, we decline, as did the trial court, to revisit the bankruptcy court’s ruling.”).

12002–2002
Price v. Wood neutral
· 1969
2 sentences

1989When, as here, the decedent’s control was absolute, and the only others having access to the will before or after his death were those who stand to benefit from it, the evidence required to overcome the presumption must be “clear and satisfactory.” Price v. Wood, 254 Or 259, 263 , 456 P2d 500 (1969). 3, 4.

1989When, as here, the decedent’s control was absolute, and the only others having access to the will before or after his death were those who stand to benefit from it, the evidence required to overcome the presumption must be “clear and satisfactory.” Price v. Wood, 254 Or 259, 263 , 456 P2d 500 (1969). 3, 4.

11989–1989
Fry v. Edwards neutral
orctapp · 1971
2 sentences

1989We followed that approach in Fry v. Edwards, 5 Or App 471 , 484 P2d 322 (1971), in which we found the presumption of revocation of a lost will to have been overcome, holding that the strength of the presumption depends upon the relative control the decedent had over the instrument and the access which others had to it.

1989We followed that approach in Fry v. Edwards, 5 Or App 471 , 484 P2d 322 (1971), in which we found the presumption of revocation of a lost will to have been overcome, holding that the strength of the presumption depends upon the relative control the decedent had over the instrument and the access which others had to it.

11989–1989
Northwestern Mut. Life Ins. v. Stevens green
ca8 · 1895
1 sentence

1943Co. v. Stevens, supra, “Two cases of disappearance in which the facts are exactly alike will probably never arise, and the strength of the presumption of life or death will never be the same in any two cases.” “General rules as to the weight of evidence, which have not crystallized in established presumptions, are of no great assistance”: English v. United States, 25 Fed. (2d) (D.

11943–1943

Where else courts name it

TX 86 (1891–2024) NJ 52 (1927–2024) CA 29 (1892–2026) NY 24 (1914–2023) PA 24 (1916–2020) OH 21 (2006–2022) IL 15 (1928–2025) MI 15 (1896–2026) TN 12 (1953–2020) IA 11 (1898–1985) IN 10 (1877–2021) NE 10 (2016–2021) OR 9 (1943–2022) FL 8 (1929–2018) NC 8 (1881–2022) AL 8 (1887–2011) OK 6 (1916–1961) GA 6 (1936–2025) WA 6 (1914–2017) CO 6 (1982–2026) MD 6 (1973–2012) KS 6 (1892–2022) MA 5 (1883–2024) AZ 5 (1978–2007) HI 4 (1972–2020) DC 4 (1983–2020) ME 4 (1968–2017) NM 4 (1980–1989) DE 4 (1954–1989) LA 3 (1928–1984) SD 3 (1956–2024) SC 3 (2000–2009) VA 3 (2006–2025) MO 3 (1913–1980) MS 3 (1894–1982) UT 2 (2008–2020) MN 2 (1984–2001) WV 2 (1936–2002) KY 2 (2009–2023) CT 2 (1918–2011) ID 2 (1986–1991) VT 2 (1991–2024)

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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