burden to overcome presumption (Oregon) · Go Syfert
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burden to overcome presumption in Oregon

6 Oregon opinions name it 2 courts 1985–2024 3 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 (1)

CaseFollowedCited
State v. Powellgreen
or · 2012 · cited in 2 Oregon opinions naming this issue, 2019–2021
2 sentences

2021See Powell, 352 Or at 225-26 .

2019Jackson, 364 Or at 21 ; see also Powell, 352 Or at 225-26 (“It is well established that confessions 106 State v. Vasquez-Santiago are initially deemed to be involuntary and that the state has the burden to overcome that presumption by offering evidence affirmatively establishing that the confession was voluntary.”).

22

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 (3)

CaseCitedYears
State v. Jackson green
· 2018
2 sentences

2024We are not persuaded. “[C]onfessions are initially deemed to be involun- tary and * * * the state has the burden to overcome that presumption by offering evidence affirmatively establish- ing that the confession was voluntary,” which the state can prove by “a preponderance of the evidence.” Jackson, 364 Or at 21 .

2024We are not persuaded. “[C]onfessions are initially deemed to be involun- tary and * * * the state has the burden to overcome that presumption by offering evidence affirmatively establish- ing that the confession was voluntary,” which the state can prove by “a preponderance of the evidence.” Jackson, 364 Or at 21 .

32019–2024
Thomas v. Keeney green
or · 1989
1 sentence

1996Id. at 531 .

11996–1996
In Re Complaint as to the Conduct of Holman green
or · 1984
2 sentences

1985Although the Oregon Evidence Code applies to all courts, with specified exceptions, OEC 101(1), we do not have occasion here to determine its effect on the prima facie case that we identified in In re Holman, 297 Or 36 , 682 P2d 243 (1984).

1985Although the Oregon Evidence Code applies to all courts, with specified exceptions, OEC 101(1), we do not have occasion here to determine its effect on the prima facie case that we identified in In re Holman, 297 Or 36 , 682 P2d 243 (1984).

11985–1985

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 136.425 (4)

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.

Where else courts name it

TX 103 (1989–2026) CA 32 (2014–2026) IL 31 (1977–2026) MO 26 (1981–2023) FL 23 (2004–2022) IN 14 (1973–2024) MS 14 (1996–2018) WI 13 (2006–2025) SD 12 (1996–2020) OH 9 (1978–2025) PA 9 (2010–2026) IA 8 (1941–2019) MI 8 (1975–2025) AL 7 (1912–2026) MT 7 (2011–2023) GA 6 (1972–2021) OR 6 (1985–2024) WA 6 (2016–2025) CT 5 (1985–2007) NM 5 (1975–2024) MN 5 (1920–2019) NJ 5 (1993–2016) ND 5 (1985–2015) MD 5 (1959–2022) NC 4 (1969–2026) ME 3 (1994–2023) LA 3 (1965–1997) NY 3 (1997–2026) AR 2 (2006–2006) SC 2 (2003–2005) TN 2 (2002–2007) VA 2 (2001–2018) KY 2 (1996–2021) KS 2 (2018–2020) VT 2 (2015–2026)

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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