judge-made rule (Oregon) · Go Syfert
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judge-made rule in Oregon

8 Oregon opinions name it 2 courts 1944–2017 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.

Followed or applied (3)

CaseFollowedCited
Oregon v. Elstadgreen
scotus · 1985 · cited in 2 Oregon opinions naming this issue, 2015–2015
2 sentences

2015See id. at 305-06 .

2015See id. at 305-06.

22
In re the Marriage of Deffenbaughgreen
or · 1979 · cited in 2 Oregon opinions naming this issue, 1979–1982
2 sentences

1982See Deffenbaugh and Deffenbaugh, 286 Or 759 , 596 P2d 966 (1979); Perley v. Perley, 220 Or 399 , 349 P2d 663 (1960).” Eusterman and Eusterman, 41 Or App 717, 727, 598 P2d 1274 (1979).

1982See Deffenbaugh and Deffenbaugh, 286 Or 759 , 596 P2d 966 (1979); Perley v. Perley, 220 Or 399 , 349 P2d 663 (1960).” Eusterman and Eusterman, 41 Or App 717, 727, 598 P2d 1274 (1979).

22
Matter of Marriage of Eustermangreen
orctapp · 1979 · cited in 1 Oregon opinions naming this issue, 1982–1982
2 sentences

1982See Deffenbaugh and Deffenbaugh, 286 Or 759 , 596 P2d 966 (1979); Perley v. Perley, 220 Or 399 , 349 P2d 663 (1960).” Eusterman and Eusterman, 41 Or App 717, 727, 598 P2d 1274 (1979).

1982See Deffenbaugh and Deffenbaugh, 286 Or 759 , 596 P2d 966 (1979); Perley v. Perley, 220 Or 399 , 349 P2d 663 (1960).” Eusterman and Eusterman, 41 Or App 717, 727, 598 P2d 1274 (1979).

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 (6)

CaseCitedYears
Perley v. Perley green
or · 1960
2 sentences

1982See Deffenbaugh and Deffenbaugh, 286 Or 759 , 596 P2d 966 (1979); Perley v. Perley, 220 Or 399 , 349 P2d 663 (1960).” Eusterman and Eusterman, 41 Or App 717, 727, 598 P2d 1274 (1979).

1982See Deffenbaugh and Deffenbaugh, 286 Or 759 , 596 P2d 966 (1979); Perley v. Perley, 220 Or 399 , 349 P2d 663 (1960).” Eusterman and Eusterman, 41 Or App 717, 727, 598 P2d 1274 (1979).

21979–1982
In Re Conduct of Tichenor green
or · 2006
2 sentences

2017Kirkpatrick, Oregon Evidence § 405.04 at Art IV-104." In re Tichenor , 340 Or. 108 , 112-13, 129 P.3d 690 (2006) (brackets in Tichenor ).

2017Kirkpatrick, Oregon Evidence § 405.04 at Art IV-104." In re Tichenor , 340 Or. 108 , 112-13, 129 P.3d 690 (2006) (brackets in Tichenor ).

12017–2017
State v. Delong green
or · 2015
1 sentence

2015In the state’s view, we should not suppress the evidence that resulted directly from a Miranda violation and the “fruit of the poisonous tree,” as we ordinarily do for state constitu- tional violations.7 Alternatively, the state argues that, even 7 The fruit of the poisonous tree has been defined as “challenged evidence [that] is ‘secondary’ or ‘derivative’ in character,” as when “a confession is obtained after an illegal arrest, physical evidence is located after an illegally obtained confession, or an in-court identification is made following an illegally conducted Cite as 357 Or 365 (2015)

12015–2015
OMLIE ET UX v. Hunt green
or · 1957
2 sentences

1990Father also explained his experience that a person in custody was not able to take steps toward obtaining an attorney in a civil, as opposed to a criminal, matter. 4 Shortly thereafter, father was able to obtain counsel for an appeal who have stated in the record that no fees are being charged. 5 See Omlie ex ux v. Hunt, 211 Or 472, 482 , 316 P2d 528 (1957) (mere failure to support, when the child is otherwise receiving adequate care, is not proof of desertion nor necessarily of wilful neglect, although relevant evidence on those questions), interpreting former ORS 109.320, now replaced by ORS

1990Father also explained his experience that a person in custody was not able to take steps toward obtaining an attorney in a civil, as opposed to a criminal, matter. 4 Shortly thereafter, father was able to obtain counsel for an appeal who have stated in the record that no fees are being charged. 5 See Omlie ex ux v. Hunt, 211 Or 472, 482 , 316 P2d 528 (1957) (mere failure to support, when the child is otherwise receiving adequate care, is not proof of desertion nor necessarily of wilful neglect, although relevant evidence on those questions), interpreting former ORS 109.320, now replaced by ORS

11990–1990
Hungerford v. Portland Sanitarium & Benevolent Ass'n. green
or · 1963
2 sentences

1966Hungerford v. Portland Sanitarium, 235 Or 412 , 384 P2d 1009 (1963).

1966Hungerford v. Portland Sanitarium, 235 Or 412 , 384 P2d 1009 (1963).

11966–1966
Lewis v. New York Life Insurance green
mont · 1942
2 sentences

1944It would be most inappropriate to shift the responsibility for its demise to the Legislature, for it involves not questions of policy, but technical questions of procedure that are peculiarly within the province of the courts." Lewis v. New York Life Insurance Co , 113 Mont. 151 , 124 P.2d 579 (1942) is a case similar to the case at bar.

1944It would be most inappropriate to shift the responsibility for its demise to the Legislature, for it involves not questions of policy, but technical questions of procedure that are peculiarly within the province of the courts." Lewis v. New York Life Insurance Co , 113 Mont. 151 , 124 P.2d 579 (1942) is a case similar to the case at bar.

11944–1944

Where else courts name it

CA 55 (1936–2026) TN 40 (1977–2025) PA 18 (1930–2024) NC 16 (1932–2022) MA 13 (1955–2025) MI 12 (1962–2021) TX 12 (1982–2025) OH 12 (1985–2022) CO 11 (1975–2026) FL 11 (1971–2022) IL 11 (1970–2021) NJ 10 (1933–2026) NY 9 (1972–2024) OR 8 (1944–2017) UT 8 (1991–2021) WA 8 (1992–2021) DC 7 (1996–2020) WI 7 (1984–2008) DE 6 (1968–2024) MD 5 (1995–2026) IA 5 (1969–2019) HI 4 (1968–2001) VA 4 (1987–2016) GA 3 (1997–2025) AR 3 (1997–1998) KS 3 (1996–2020) AZ 3 (2001–2014) ME 3 (1982–2001) SD 3 (1992–1997) MO 3 (2004–2021) IN 3 (1975–1991) SC 3 (1970–2000) AL 2 (1982–2014) WV 2 (2018–2023) MN 2 (1954–2000) NV 2 (1982–2018)

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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