prospective test (Oregon) · Go Syfert
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prospective test in Oregon

6 Oregon opinions name it 2 courts 1980–2022 2 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 (2)

CaseFollowedCited
Ellis Forest Improvements Co. v. NATIONAL COUNCIL ON COMPENSATION INSURANCEgreen
or · 1994 · cited in 1 Oregon opinions naming this issue, 2003–2003
1 sentence

2003See Witt v. Kulongoski, 319 Or 7 , 10 n 3, 872 P2d 14 (1994) (so stating).

11
Witt v. Kulongoskigreen
or · 1994 · cited in 1 Oregon opinions naming this issue, 2003–2003
1 sentence

2003See Witt v. Kulongoski, 319 Or 7 , 10 n 3, 872 P2d 14 (1994) (so stating).

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 (5)

CaseCitedYears
State v. Mende green
or · 1987
2 sentences

2022In keeping with the notion that a retrospective—post-trial—claim requires “a more concrete likelihood” of prejudice, this court held, in State v. Mende, 304 Or 18, 22-23 , 741 P2d 496 (1987), that, after a conviction, some level of “actual prejudice” to the defendant’s ability to prepare a defense is required.

2022In keeping with the notion that a retrospective—post-trial—claim requires “a more concrete likelihood” of prejudice, this court held, in State v. Mende, 304 Or 18, 22-23 , 741 P2d 496 (1987), that, after a conviction, some level of “actual prejudice” to the defendant’s ability to prepare a defense is required.

12022–2022
Chapman v. Mayfield green
or · 2015
1 sentence

2022Chapman, 358 Or at 206 .

12022–2022
Kerr v. Board of Psychologist Examiners green
orctapp · 2020
1 sentence

2020Board of Psychologist Examiners 201510; A162841 467 P3d 754 Petitioner, a psychologist in charge of a university’s counseling center, deliv- ered a student’s patient file to university attorneys who had received a litigation- hold letter from the student’s attorney asking them to preserve the university’s records related to the student’s prospective claim against the university for sex- ual assault.

12020–2020
State v. Marsh green
or · 1971
1 sentence

2003Id. at 441-42 . 1 The court identified several advantages and disadvantages of verdict-urging instructions.

12003–2003
Strunk v. United States green
scotus · 1973
2 sentences

1980In a federal appeal under the sixth amendment, the United States Supreme Court has stated that "dismissal must remain, as Barker noted, `the only possible remedy.'" Strunk v. United States, 412 U.S. 434, 440 , 93 S.Ct. 2260, 2263 , 37 L.Ed.2d 56 (1973).

1980In a federal appeal under the sixth amendment, the United States Supreme Court has stated that "dismissal must remain, as Barker noted, `the only possible remedy.'" Strunk v. United States, 412 U.S. 434, 440 , 93 S.Ct. 2260, 2263 , 37 L.Ed.2d 56 (1973).

11980–1980

Where else courts name it

CA 42 (1958–2025) MA 28 (1981–2023) NY 22 (1943–2021) PA 21 (1940–2023) MO 18 (2007–2020) IL 15 (1977–2020) FL 13 (1971–2018) HI 11 (1996–2023) TX 7 (1977–2023) MN 7 (1991–2024) MD 7 (1929–2013) IN 6 (1994–2013) UT 6 (1992–2019) OR 6 (1980–2022) GA 6 (1953–2024) CT 5 (1999–2019) IA 5 (1989–2015) MI 5 (1972–2012) DC 4 (1976–2003) NJ 4 (1988–2019) AK 4 (1995–2025) WI 3 (1986–2009) CO 3 (2011–2021) ME 3 (1994–2022) OH 3 (2006–2021) NM 3 (2009–2024) WV 3 (1991–2014) TN 3 (2001–2006) VA 2 (2000–2018) KY 2 (1948–1967) KS 2 (1991–1996) LA 2 (1970–1985) OK 2 (1987–1995) NH 2 (1972–2011) AR 2 (1982–1993)

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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