7 Oregon opinions name it 2 courts 2017–2024 4 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 |
|---|---|---|
Bowen v. Johnsongreen2 sentences2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”). 2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”). | 1 | 1 |
State v. Reynoldsgreen1 sentence2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”). | 1 | 1 |
State v. Calhoungreen1 sentence2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”). | 1 | 1 |
Carella v. Californiagreen2 sentences2023See McDonnell v. Premo, 309 Or App 173, 188, 192 , 483 P3d 640 (2021), rev den, 369 Or 507 (2022) (holding that pre- sumed prejudice “is not permissible in the post-conviction context under Oregon law” and noting that under the fed- eral constitution, “when a structural error is raised in the context of an ineffective-assistance claim, finality concerns require a petitioner to show prejudice in order to obtain a new trial, unless the ineffective assistance amounts to a constructive denial of counsel” (internal quotation marks and brackets omitted)); see also Carella v. California, 491 US 263, 2023See McDonnell v. Premo, 309 Or App 173, 188, 192 , 483 P3d 640 (2021), rev den, 369 Or 507 (2022) (holding that pre- sumed prejudice “is not permissible in the post-conviction context under Oregon law” and noting that under the fed- eral constitution, “when a structural error is raised in the context of an ineffective-assistance claim, finality concerns require a petitioner to show prejudice in order to obtain a new trial, unless the ineffective assistance amounts to a constructive denial of counsel” (internal quotation marks and brackets omitted)); see also Carella v. California, 491 US 263, | 1 | 1 |
McDonnell v. Premogreen2 sentences2023See McDonnell v. Premo, 309 Or App 173, 188, 192 , 483 P3d 640 (2021), rev den, 369 Or 507 (2022) (holding that pre- sumed prejudice “is not permissible in the post-conviction context under Oregon law” and noting that under the fed- eral constitution, “when a structural error is raised in the context of an ineffective-assistance claim, finality concerns require a petitioner to show prejudice in order to obtain a new trial, unless the ineffective assistance amounts to a constructive denial of counsel” (internal quotation marks and brackets omitted)); see also Carella v. California, 491 US 263, 2023See McDonnell v. Premo, 309 Or App 173, 188, 192 , 483 P3d 640 (2021), rev den, 369 Or 507 (2022) (holding that pre- sumed prejudice “is not permissible in the post-conviction context under Oregon law” and noting that under the fed- eral constitution, “when a structural error is raised in the context of an ineffective-assistance claim, finality concerns require a petitioner to show prejudice in order to obtain a new trial, unless the ineffective assistance amounts to a constructive denial of counsel” (internal quotation marks and brackets omitted)); see also Carella v. California, 491 US 263, | 1 | 1 |
Ryan v. Palmateergreen2 sentences2021Weaver v. Massachusetts, 582 US ___ , ___, 137 S Ct 1899, 1913 , 198 L Ed 2d 420 (2017); Ryan v. Palmateer, 338 Or 278, 299 , 108 P3d 1127 (2005) (“A [petitioner] who chooses to assert a Sixth Amendment ineffective assistance of counsel claim without proving prejudice must demon- strate that trial counsel’s errors were so egregious as to amount to a constructive denial of counsel[.]”). 2021Weaver v. Massachusetts, 582 US ___ , ___, 137 S Ct 1899, 1913 , 198 L Ed 2d 420 (2017); Ryan v. Palmateer, 338 Or 278, 299 , 108 P3d 1127 (2005) (“A [petitioner] who chooses to assert a Sixth Amendment ineffective assistance of counsel claim without proving prejudice must demon- strate that trial counsel’s errors were so egregious as to amount to a constructive denial of counsel[.]”). | 1 | 1 |
Strickland v. Washingtongreen2 sentences2018See Strickland , 466 U.S. at 688 , 104 S.Ct. 2052 (instructing that in an ineffective assistance inquiry, judicial scrutiny should be "highly deferential" in determining "whether counsel's assistance was reasonable considering all the circumstances"). 2018See Strickland , 466 U.S. at 688 , 104 S.Ct. 2052 (instructing that in an ineffective assistance inquiry, judicial scrutiny should be "highly deferential" in determining "whether counsel's assistance was reasonable considering all the circumstances"). | 1 | 1 |
Myers v. Brockampgreen2 sentences2017See Myers v. Brockamp, 271 Or App 716, 718 , 353 P3d 1 (2015) (not addressing assignments of error challenging merits of post-conviction court’s denial of relief on a claim, where judgment did not comply with Datt as to the claim, and the post-conviction court would have a chance to further address the merits of the claim on remand). 2017See Myers v. Brockamp, 271 Or App 716, 718 , 353 P3d 1 (2015) (not addressing assignments of error challenging merits of post-conviction court’s denial of relief on a claim, where judgment did not comply with Datt as to the claim, and the post-conviction court would have a chance to further address the merits of the claim on remand). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sullivan v. Louisiana
green
2 sentences2023Petitioner’s reliance on Sullivan v. Louisiana, 508 US 275 , 113 S Ct 2078 , 124 L Ed 182 (1993), is misplaced, because the holding in Sullivan—the only time the United States Supreme Court has held an instructional error to be structural error—“rested on the fact that an improper reasonable-doubt instruction ‘vitiates all the jury’s findings’ and produces ‘consequences that are necessarily unquanti- fiable and indeterminate.’ ” State v. Ramos, 367 Or 292, 301 , 478 P3d 515 (2020) (quoting Neder v. United States, 527 US 1, 11 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (emphasis in Neder)). 2023Petitioner’s reliance on Sullivan v. Louisiana, 508 US 275 , 113 S Ct 2078 , 124 L Ed 182 (1993), is misplaced, because the holding in Sullivan—the only time the United States Supreme Court has held an instructional error to be structural error—“rested on the fact that an improper reasonable-doubt instruction ‘vitiates all the jury’s findings’ and produces ‘consequences that are necessarily unquanti- fiable and indeterminate.’ ” State v. Ramos, 367 Or 292, 301 , 478 P3d 515 (2020) (quoting Neder v. United States, 527 US 1, 11 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (emphasis in Neder)). | 1 | 2023–2023 |
Neder v. United States
green
2 sentences2023Petitioner’s reliance on Sullivan v. Louisiana, 508 US 275 , 113 S Ct 2078 , 124 L Ed 182 (1993), is misplaced, because the holding in Sullivan—the only time the United States Supreme Court has held an instructional error to be structural error—“rested on the fact that an improper reasonable-doubt instruction ‘vitiates all the jury’s findings’ and produces ‘consequences that are necessarily unquanti- fiable and indeterminate.’ ” State v. Ramos, 367 Or 292, 301 , 478 P3d 515 (2020) (quoting Neder v. United States, 527 US 1, 11 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (emphasis in Neder)). 2023Petitioner’s reliance on Sullivan v. Louisiana, 508 US 275 , 113 S Ct 2078 , 124 L Ed 182 (1993), is misplaced, because the holding in Sullivan—the only time the United States Supreme Court has held an instructional error to be structural error—“rested on the fact that an improper reasonable-doubt instruction ‘vitiates all the jury’s findings’ and produces ‘consequences that are necessarily unquanti- fiable and indeterminate.’ ” State v. Ramos, 367 Or 292, 301 , 478 P3d 515 (2020) (quoting Neder v. United States, 527 US 1, 11 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (emphasis in Neder)). | 1 | 2023–2023 |
State v. Flores Ramos
green
2 sentences2023Petitioner’s reliance on Sullivan v. Louisiana, 508 US 275 , 113 S Ct 2078 , 124 L Ed 182 (1993), is misplaced, because the holding in Sullivan—the only time the United States Supreme Court has held an instructional error to be structural error—“rested on the fact that an improper reasonable-doubt instruction ‘vitiates all the jury’s findings’ and produces ‘consequences that are necessarily unquanti- fiable and indeterminate.’ ” State v. Ramos, 367 Or 292, 301 , 478 P3d 515 (2020) (quoting Neder v. United States, 527 US 1, 11 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (emphasis in Neder)). 2023Petitioner’s reliance on Sullivan v. Louisiana, 508 US 275 , 113 S Ct 2078 , 124 L Ed 182 (1993), is misplaced, because the holding in Sullivan—the only time the United States Supreme Court has held an instructional error to be structural error—“rested on the fact that an improper reasonable-doubt instruction ‘vitiates all the jury’s findings’ and produces ‘consequences that are necessarily unquanti- fiable and indeterminate.’ ” State v. Ramos, 367 Or 292, 301 , 478 P3d 515 (2020) (quoting Neder v. United States, 527 US 1, 11 , 119 S Ct 1827 , 144 L Ed 2d 35 (1999) (emphasis in Neder)). | 1 | 2023–2023 |
Weaver v. Massachusetts
green
2 sentences2021Weaver v. Massachusetts, 582 US ___ , ___, 137 S Ct 1899, 1913 , 198 L Ed 2d 420 (2017); Ryan v. Palmateer, 338 Or 278, 299 , 108 P3d 1127 (2005) (“A [petitioner] who chooses to assert a Sixth Amendment ineffective assistance of counsel claim without proving prejudice must demon- strate that trial counsel’s errors were so egregious as to amount to a constructive denial of counsel[.]”). 2021Weaver v. Massachusetts, 582 US ___ , ___, 137 S Ct 1899, 1913 , 198 L Ed 2d 420 (2017); Ryan v. Palmateer, 338 Or 278, 299 , 108 P3d 1127 (2005) (“A [petitioner] who chooses to assert a Sixth Amendment ineffective assistance of counsel claim without proving prejudice must demon- strate that trial counsel’s errors were so egregious as to amount to a constructive denial of counsel[.]”). | 1 | 2021–2021 |
Garza v. Idaho
green
1 sentence2021Garza, ___ US at ___, 139 S Ct at 746-48 . | 1 | 2021–2021 |
Owen v. Taylor
neutral
2 sentences2018To establish an ineffective assistance claim under the Sixth Amendment, "petitioner was required to demonstrate that trial counsel's performance fell below an objective standard of reasonableness and also that there was a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Owen v. Taylor , 287 Or. 2018App. 639 , 651, 404 P.3d 1021 (2017) (internal quotation marks omitted). | 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.
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.