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9 Oregon opinions name it 2 courts 2017–2019 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 |
|---|---|---|
| No positive-treatment citations attached to this issue in Oregon. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Clardy
green
2 sentences2019As we explained in Clardy, 286 Or App at 772 -73: “[E]vidence presented at a trial on erroneously joined charges would be ‘admissible,’ as we used that term in Poston, in a hypothetical trial on each charge or properly joined group of charges, only when (1) each item of evidence that was actually presented could have been admitted in the hypothetical trial under a legally correct evidentiary analysis and (2) it is implausible that, had the defendant objected under OEC 403 or raised some other objection invoking the trial court’s discretion, the trial court would have excluded that evidence in 2019In that context, evidence is “admissible” only when “(1) each item of evidence that was actually presented could have been admitted in the hypothetical trial under a legally correct evidentiary analysis and (2) it is implausible that, had the defendant objected under OEC 403 or raised some other objection invoking the trial court’s discretion, the trial court would have excluded that evidence in the hypothetical trial.” State v. Clardy, 286 Or App 745, 772-73 , 401 P3d 1188 , adh’d to as modified on recons, 288 Or App 163 , 406 P3d 219 (2017), rev den, 364 Or 680 (2019). | 9 | 2017–2019 |
State v. Clardy
green
1 sentence2019In that context, evidence is “admissible” only when “(1) each item of evidence that was actually presented could have been admitted in the hypothetical trial under a legally correct evidentiary analysis and (2) it is implausible that, had the defendant objected under OEC 403 or raised some other objection invoking the trial court’s discretion, the trial court would have excluded that evidence in the hypothetical trial.” State v. Clardy, 286 Or App 745, 772-73 , 401 P3d 1188 , adh’d to as modified on recons, 288 Or App 163 , 406 P3d 219 (2017), rev den, 364 Or 680 (2019). | 1 | 2019–2019 |
State v. Poston
green
1 sentence2018The Court of Appeals further explained, " ' Poston demonstrates that evidence presented at trial on erroneously joined charges would be "admissible," as we used that term in Poston , in a hypothetical trial on each charge or properly joined group of charges, only when (1) each item of evidence that was actually presented could have been admitted in the hypothetical trial under a legally correct evidentiary analysis and (2) it is implausible that, had the defendant objected under OEC 403 or raised some other objection invoking the trial court's discretion, the trial court would have excluded th | 1 | 2018–2018 |
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.