adversarial hearing (Oregon) · Go Syfert
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adversarial hearing in Oregon

8 Oregon opinions name it 2 courts 1981–2023 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 (3)

CaseFollowedCited
Owen v. City of Independencegreen
scotus · 1980 · cited in 1 Oregon opinions naming this issue, 1993–1993
2 sentences

1993See also Owen v. City of Independence, 445 US 622 ,647 n 30, 100 S Ct 1398 , 63 L Ed 2d 673 (1980). 12 The Due Process Clause requires that the state provide “due process of law” when it deprives a person of “life, liberty, or property * * *.” US Const, Amend XIV. 13 We note that, since this case was submitted, the United States Supreme Court has addressed the issue of whether due process requires that pre-seizure notice and an adversarial hearing be afforded to an owner of real property in a civil forfeiture proceeding.

1993See also Owen v. City of Independence, 445 US 622 ,647 n 30, 100 S Ct 1398 , 63 L Ed 2d 673 (1980). 12 The Due Process Clause requires that the state provide “due process of law” when it deprives a person of “life, liberty, or property * * *.” US Const, Amend XIV. 13 We note that, since this case was submitted, the United States Supreme Court has addressed the issue of whether due process requires that pre-seizure notice and an adversarial hearing be afforded to an owner of real property in a civil forfeiture proceeding.

11
Hannah v. Larchegreen
scotus · 1960 · cited in 1 Oregon opinions naming this issue, 1985–1985
2 sentences

1985Hannah v. Larche, 363 US 420, 449 , 80 S Ct 1502 , 4 L Ed 2d 1307 (1960); see, e.g., Fadeley v. Ethics Comm., supra, 30 Or App at 801 ; Tenney v. State Comm’n on Ethics, 395 So 2d 1244, 1247 (Fla App 1977); The preparation of an information or indictment ¡jjloes not require an adversarial hearing.

1985Hannah v. Larche, 363 US 420, 449 , 80 S Ct 1502 , 4 L Ed 2d 1307 (1960); see, e.g., Fadeley v. Ethics Comm., supra, 30 Or App at 801 ; Tenney v. State Comm’n on Ethics, 395 So 2d 1244, 1247 (Fla App 1977); The preparation of an information or indictment ¡jjloes not require an adversarial hearing.

11
Fadeley v. Oregon Government Ethics Commissiongreen
orctapp · 1977 · cited in 1 Oregon opinions naming this issue, 1985–1985
1 sentence

1985Hannah v. Larche, 363 US 420, 449 , 80 S Ct 1502 , 4 L Ed 2d 1307 (1960); see, e.g., Fadeley v. Ethics Comm., supra, 30 Or App at 801 ; Tenney v. State Comm’n on Ethics, 395 So 2d 1244, 1247 (Fla App 1977); The preparation of an information or indictment ¡jjloes not require an adversarial hearing.

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 (7)

CaseCitedYears
Gilbride v. Smith green
orctapp · 2023
2 sentences

2023Mother’s psychological state may provide additional insight into mother’s conduct, but that conduct is relevant only insofar as it is “causing or Cite as 328 Or App 565 (2023) 583 may cause emotional or physical damage to the child.” ORS 107.137(4).

2023Mother’s psychological state may provide additional insight into mother’s conduct, but that conduct is relevant only insofar as it is “causing or Cite as 328 Or App 565 (2023) 583 may cause emotional or physical damage to the child.” ORS 107.137(4).

22023–2023
United States v. James Daniel Good Real Property green
scotus · 1993
2 sentences

1993United States v. James Daniel Good Real Property et al, WL 50539,_US_, 114 S Ct 492 , 126 L Ed 2d 490 (1993).

1993United States v. James Daniel Good Real Property et al, WL 50539,_US_, 114 S Ct 492 , 126 L Ed 2d 490 (1993).

11993–1993
Dietrich v. Brooks green
orctapp · 1976
2 sentences

1993The state counters that our holding in Dietrich v. Brooks, 27 Or.App. 821 , 558 P.2d 357 (1976), is controlling and compels the conclusion that the recommitment procedure comports with the minimum requirements of due process.

1993The state counters that our holding in Dietrich v. Brooks, 27 Or.App. 821 , 558 P.2d 357 (1976), is controlling and compels the conclusion that the recommitment procedure comports with the minimum requirements of due process.

11993–1993
Cavco Industries v. Industrial Commission neutral
arizctapp · 1980
1 sentence

1982Roberts v. Mills, 290 Or 441, 447 , 631 P2d 1094 (1981).

11982–1982
Application of Roberts green
or · 1981
1 sentence

1982Roberts v. Mills, 290 Or 441, 447 , 631 P2d 1094 (1981).

11982–1982
Cooper v. Oregon School Activities Ass'n green
orctapp · 1981
2 sentences

1982This would satisfy due process if it were required. 2 As we pointed out in Cooper v. OSAA, 52 Or App 425, 432 , 629 P2d 386 , rev den 291 Or 504 (1981): “The Oregon Supreme Court has recognized that the scope of Art I, § 20 [the Privileges and Immunities Clause of the Oregon constitution upon which an equal protection argument would be based] and that of the Federal Equal Protection Clause are generally the same.

1982This would satisfy due process if it were required. 2 As we pointed out in Cooper v. OSAA, 52 Or App 425, 432 , 629 P2d 386 , rev den 291 Or 504 (1981): “The Oregon Supreme Court has recognized that the scope of Art I, § 20 [the Privileges and Immunities Clause of the Oregon constitution upon which an equal protection argument would be based] and that of the Federal Equal Protection Clause are generally the same.

11982–1982
Bell v. Superior Court in & for Cty. of Pima green
arizctapp · 1977
1 sentence

1981See, for example, Gerstein v. Pugh, supra; Moss v. Weaver, 525 F2d 1258 (5th Cir 1976); and Bell v. Superior Court in and for Cty. of Pima, 117 Ariz 551, 574 P2d 39 (1977), for various descriptions of the kind of hearing that is required. *448 As noted above, defendant contends that a probable cause hearing was held in this case.

11981–1981

Where else courts name it

IL 48 (1980–2025) TX 45 (1990–2024) NY 40 (1976–2026) FL 36 (1985–2025) CA 25 (1981–2025) WA 25 (1994–2024) MS 18 (1990–2022) NJ 13 (1983–2022) CT 13 (1987–2016) MO 13 (1994–2019) IN 12 (1985–2018) KY 12 (2000–2026) NM 11 (1995–2024) PA 11 (1980–2025) OH 9 (1989–2020) OR 8 (1981–2023) MD 7 (1984–2025) MI 7 (1989–2018) KS 7 (1991–2015) AL 7 (1989–2004) CO 7 (1989–2011) NV 7 (1984–2020) NC 6 (1990–2026) LA 6 (1986–2017) SC 6 (1994–2011) TN 6 (1995–2015) GA 6 (1970–2025) DC 5 (1992–2016) AK 5 (1995–2025) AZ 5 (1984–2018) IA 4 (2002–2023) VT 4 (1994–2022) MN 4 (1989–2017) OK 3 (1990–2013) AR 3 (2004–2019) SD 3 (1996–1996) MT 2 (1998–2025) NE 2 (1998–2017) WV 2 (1980–2002) DE 2 (2020–2021)

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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