8 Oregon opinions name it 2 courts 1982–2020 0 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 |
|---|---|---|
Blockburger v. United Statesgreen2 sentences2020ORS 161.067(1) is Oregon’s statutory codification of the fed- eral test developed in Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932), which held that, “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” (Citation omitted.) See also State v. White, 346 Or 275 , 298 n 5, 211 P3d 248 (2009) (Kistler, J., concur- ring) (concluding, based on the legislative history o 2020ORS 161.067(1) is Oregon’s statutory codification of the fed- eral test developed in Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932), which held that, “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” (Citation omitted.) See also State v. White, 346 Or 275 , 298 n 5, 211 P3d 248 (2009) (Kistler, J., concur- ring) (concluding, based on the legislative history o | 1 | 5 |
State v. Whitegreen2 sentences2020ORS 161.067(1) is Oregon’s statutory codification of the fed- eral test developed in Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932), which held that, “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” (Citation omitted.) See also State v. White, 346 Or 275 , 298 n 5, 211 P3d 248 (2009) (Kistler, J., concur- ring) (concluding, based on the legislative history o 2020ORS 161.067(1) is Oregon’s statutory codification of the fed- eral test developed in Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932), which held that, “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” (Citation omitted.) See also State v. White, 346 Or 275 , 298 n 5, 211 P3d 248 (2009) (Kistler, J., concur- ring) (concluding, based on the legislative history o | 1 | 2 |
People v. Slaytongreen2 sentences2016See, e.g., People v. Slayton, 26 Cal 4th 1076, 32 P3d 1073 (2001); State v. Schneider, 347 Mont 215 , 197 P3d 1020 (2008); Alston v. Commonwealth, 264 Va 433, 570 SE2d 801 (2002). 2016See, e.g., People v. Slayton, 26 Cal 4th 1076, 32 P3d 1073 (2001); State v. Schneider, 347 Mont 215 , 197 P3d 1020 (2008); Alston v. Commonwealth, 264 Va 433, 570 SE2d 801 (2002). | 1 | 1 |
Texas v. Cobbgreen2 sentences2015But when the Sixth Amendment right to counsel attaches, it also “encompasses offenses that, even if not formally charged, would be considered the same offense under the Blockburger test.” Id. at 173 . 2015But when the Sixth Amendment right to counsel attaches, it also “encompasses offenses that, even if not formally charged, would be considered the same offense under the Blockburger test.” Id. at 173 . | 1 | 1 |
People v. Graygreen2 sentences1982See People v. Gray, supra, 69 Ill.2d at 53 , 12 Ill. 1982See People v. Gray, supra, 69 Ill.2d at 53 , 12 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. Ohio
green
2 sentences1993In its decision, the court recognized its previous holdings that the traditional Blockburger test (from Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932)) governing double jeopardy claims bars a subsequent prosecution if one of the two offenses is a lesser included offense of the other. 495 US at 519 -20 (citing Brown v. Ohio, 432 US 161 , 166-67 n 6, 97 S Ct 2221 , 53 L Ed 2d 187 (1977); Harris v. Oklahoma, 433 US 682, 682-83 , 97 S Ct 2912 , 53 L Ed 2d 1054 (1977)). 1993In its decision, the court recognized its previous holdings that the traditional Blockburger test (from Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932)) governing double jeopardy claims bars a subsequent prosecution if one of the two offenses is a lesser included offense of the other. 495 US at 519 -20 (citing Brown v. Ohio, 432 US 161 , 166-67 n 6, 97 S Ct 2221 , 53 L Ed 2d 187 (1977); Harris v. Oklahoma, 433 US 682, 682-83 , 97 S Ct 2912 , 53 L Ed 2d 1054 (1977)). | 2 | 1982–1993 |
State v. Atkinson
neutral
2 sentences2020State v. Atkinson, 98 Or App 48, 50 , 777 P2d 1010 (1989). 2020State v. Atkinson, 98 Or App 48, 50 , 777 P2d 1010 (1989). | 1 | 2020–2020 |
State v. Brian Schneider
green
2 sentences2016See, e.g., People v. Slayton, 26 Cal 4th 1076, 32 P3d 1073 (2001); State v. Schneider, 347 Mont 215 , 197 P3d 1020 (2008); Alston v. Commonwealth, 264 Va 433, 570 SE2d 801 (2002). 2016See, e.g., People v. Slayton, 26 Cal 4th 1076, 32 P3d 1073 (2001); State v. Schneider, 347 Mont 215 , 197 P3d 1020 (2008); Alston v. Commonwealth, 264 Va 433, 570 SE2d 801 (2002). | 1 | 2016–2016 |
Jewell v. State
green
2 sentences2016Jewell, 957 NE2d at 633 . 4 Amici Curiae Oregon Justice Resource Center, American Civil Liberties Union Foundation of Oregon, and Oregon Criminal Defense Lawyers Association urge us to abandon Sparklin and adopt in its stead a “bright-line” rule that would prohibit police from communicating at all with a represented person—and preclude a represented person from waiving the right to counsel—without counsel being present, regardless of whether the questioning would pertain to matters factually unrelated to the charged conduct. 2016Jewell, 957 NE2d at 633 . 4 Amici Curiae Oregon Justice Resource Center, American Civil Liberties Union Foundation of Oregon, and Oregon Criminal Defense Lawyers Association urge us to abandon Sparklin and adopt in its stead a “bright-line” rule that would prohibit police from communicating at all with a represented person—and preclude a represented person from waiving the right to counsel—without counsel being present, regardless of whether the questioning would pertain to matters factually unrelated to the charged conduct. | 1 | 2016–2016 |
Alston v. Commonwealth
green
2 sentences2016See, e.g., People v. Slayton, 26 Cal 4th 1076, 32 P3d 1073 (2001); State v. Schneider, 347 Mont 215 , 197 P3d 1020 (2008); Alston v. Commonwealth, 264 Va 433, 570 SE2d 801 (2002). 2016See, e.g., People v. Slayton, 26 Cal 4th 1076, 32 P3d 1073 (2001); State v. Schneider, 347 Mont 215 , 197 P3d 1020 (2008); Alston v. Commonwealth, 264 Va 433, 570 SE2d 801 (2002). | 1 | 2016–2016 |
United States v. Ronald D. Chick
green
2 sentences1996Therefore, applying the ‘Blockburger test’ to the record before us, we find that the counts contained in the superseding indictment were based on distinctly different offenses from the offense which underlies the civil forfeiture action involving electronic equipment belonging to Chick.” 61 F3d at 687 . 1996Therefore, applying the ` Blockburger test' to the record before us, we find that the counts contained in the superseding indictment were based on distinctly different offenses from the offense which underlies the civil forfeiture action involving electronic equipment belonging to Chick. " 61 F.3d at 687 . | 1 | 1996–1996 |
United States v. Sherrett
green
2 sentences1996(Footnotes omitted; emphasis supplied.) See also U.S. v. Sherrett, 877 F Supp 519 (D Or 1995). 1996(Footnotes omitted; emphasis supplied.) See also U.S. v. Sherrett, 877 F.Supp. 519 (D Or 1995). [1] Those chapters were inserted, but not codified, at the beginning of ORS chapter 166. [2] The authority that the majority invokes is not to the contrary. | 1 | 1996–1996 |
State v. Sargent
green
2 sentences1996The city's evidence came from claimant's own admission. [4] See State v. Sargent, 110 Or.App. 194 , 822 P.2d 726 (1991) (discussing the differing elements of delivery and possession of a controlled substance and concluding that the two do not merge as a matter of law). [5] The Blockburger test continues to be the test employed by other courts. 1996The city's evidence came from claimant's own admission. [4] See State v. Sargent, 110 Or.App. 194 , 822 P.2d 726 (1991) (discussing the differing elements of delivery and possession of a controlled substance and concluding that the two do not merge as a matter of law). [5] The Blockburger test continues to be the test employed by other courts. | 1 | 1996–1996 |
Grady v. Corbin
red
2 sentences1993In its decision, the court recognized its previous holdings that the traditional Blockburger test (from Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932)) governing double jeopardy claims bars a subsequent prosecution if one of the two offenses is a lesser included offense of the other. 495 US at 519 -20 (citing Brown v. Ohio, 432 US 161 , 166-67 n 6, 97 S Ct 2221 , 53 L Ed 2d 187 (1977); Harris v. Oklahoma, 433 US 682, 682-83 , 97 S Ct 2912 , 53 L Ed 2d 1054 (1977)). 1993In its decision, the court recognized its previous holdings that the traditional Blockburger test (from Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932)) governing double jeopardy claims bars a subsequent prosecution if one of the two offenses is a lesser included offense of the other. 495 US at 519 -20 (citing Brown v. Ohio, 432 US 161 , 166-67 n 6, 97 S Ct 2221 , 53 L Ed 2d 187 (1977); Harris v. Oklahoma, 433 US 682, 682-83 , 97 S Ct 2912 , 53 L Ed 2d 1054 (1977)). | 1 | 1993–1993 |
Harris v. Oklahoma
green
2 sentences1993In its decision, the court recognized its previous holdings that the traditional Blockburger test (from Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932)) governing double jeopardy claims bars a subsequent prosecution if one of the two offenses is a lesser included offense of the other. 495 US at 519 -20 (citing Brown v. Ohio, 432 US 161 , 166-67 n 6, 97 S Ct 2221 , 53 L Ed 2d 187 (1977); Harris v. Oklahoma, 433 US 682, 682-83 , 97 S Ct 2912 , 53 L Ed 2d 1054 (1977)). 1993In its decision, the court recognized its previous holdings that the traditional Blockburger test (from Blockburger v. United States, 284 US 299, 304 , 52 S Ct 180 , 76 L Ed 306 (1932)) governing double jeopardy claims bars a subsequent prosecution if one of the two offenses is a lesser included offense of the other. 495 US at 519 -20 (citing Brown v. Ohio, 432 US 161 , 166-67 n 6, 97 S Ct 2221 , 53 L Ed 2d 187 (1977); Harris v. Oklahoma, 433 US 682, 682-83 , 97 S Ct 2912 , 53 L Ed 2d 1054 (1977)). | 1 | 1993–1993 |
Illinois v. Vitale
green
2 sentences1993Although the traffic offenses involved in Grady v. Corbin were not technically lesser included offenses of the homicide and assault charges, the Supreme Court analogized the case to the situation it had previously confronted in Illinois v. Vitale, 447 US 410 , 100 S Ct 2260 , 65 L Ed 2d 228 (1980). 1993Although the traffic offenses involved in Grady v. Corbin were not technically lesser included offenses of the homicide and assault charges, the Supreme Court analogized the case to the situation it had previously confronted in Illinois v. Vitale, 447 US 410 , 100 S Ct 2260 , 65 L Ed 2d 228 (1980). | 1 | 1993–1993 |
Iannelli v. United States
green
2 sentences1982The Supreme Court has stated: "The established test for determining whether two offenses are sufficiently distinguishable to permit the imposition of cumulative punishment was stated in Blockburger v. United States, 284 U.S. 299, 304 [ 52 S.Ct. 180 , 76 L.Ed. 306 ] (1932): "`The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not....' "This test emphasizes the elements of t 1982The Supreme Court has stated: "The established test for determining whether two offenses are sufficiently distinguishable to permit the imposition of cumulative punishment was stated in Blockburger v. United States, 284 U.S. 299, 304 [ 52 S.Ct. 180 , 76 L.Ed. 306 ] (1932): "`The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not....' "This test emphasizes the elements of t | 1 | 1982–1982 |
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.
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.