reviewability exception (Oregon) · Go Syfert
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reviewability exception in Oregon

6 Oregon opinions name it 2 courts 2007–2025 5 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 (5)

CaseFollowedCited
Lindell v. Kalugingreen
or · 2013 · cited in 3 Oregon opinions naming this issue, 2022–2024
2 sentences

2024State v. Cloutier, 351 Or 68, 100 , 261 P3d 1234 (2011) (“Our analysis of [the statute] is also informed by this court’s prior construction of that statute or its prede- cessors.”); see also Lindell v. Kalugin, 353 Or 338, 349 , 297 P3d 1266 (2013) (“Case law existing at the time of the adop- tion” of a statute “forms a part of the context.”).

2024State v. Cloutier, 351 Or 68, 100 , 261 P3d 1234 (2011) (“Our analysis of [the statute] is also informed by this court’s prior construction of that statute or its prede- cessors.”); see also Lindell v. Kalugin, 353 Or 338, 349 , 297 P3d 1266 (2013) (“Case law existing at the time of the adop- tion” of a statute “forms a part of the context.”).

33
State v. Althousegreen
or · 2016 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025Second, it is “within a presumptive sentence.” Cf. Althouse, 359 Or at 673 (noting “life without parole is not a sentence ‘within’ another sentence; that is, life without parole is not a sentence that falls within a range of possible sentences marked by minimum and maximum levels of severity”).

2025Second, it is “within a presumptive sentence.” Cf. Althouse, 359 Or at 673 (noting “life without parole is not a sentence ‘within’ another sentence; that is, life without parole is not a sentence that falls within a range of possible sentences marked by minimum and maximum levels of severity”).

22
State v. Cloutiergreen
or · 2011 · cited in 2 Oregon opinions naming this issue, 2024–2024
2 sentences

2024State v. Cloutier, 351 Or 68, 100 , 261 P3d 1234 (2011) (“Our analysis of [the statute] is also informed by this court’s prior construction of that statute or its prede- cessors.”); see also Lindell v. Kalugin, 353 Or 338, 349 , 297 P3d 1266 (2013) (“Case law existing at the time of the adop- tion” of a statute “forms a part of the context.”).

2024State v. Cloutier, 351 Or 68, 100 , 261 P3d 1234 (2011) (“Our analysis of [the statute] is also informed by this court’s prior construction of that statute or its prede- cessors.”); see also Lindell v. Kalugin, 353 Or 338, 349 , 297 P3d 1266 (2013) (“Case law existing at the time of the adop- tion” of a statute “forms a part of the context.”).

22
Chavez v. Boise Cascade Corporationgreen
or · 1989 · cited in 1 Oregon opinions naming this issue, 2007–2007
2 sentences

2007Compare Chavez v. Boise Cascade Corporation, 307 Or 632, 635 , 772 P2d 409 (1989) (stating that preclusive effect may be given to “necessary findings in a formal administrative adjudication if the parties had both a full opportunity and the incentive to contest the point at issue on a record that also was subject to judicial review”), with Rueda v. Union Pacific Railroad Co., 180 Or 133, 156-57 , 175 P2d 778 (1946) (holding that limited grounds on which judicial review of arbitration decisions is available does not bar giving such decisions preclusive effect). 3 We note that neither of plainti

2007Compare Chavez v. Boise Cascade Corporation, 307 Or 632, 635 , 772 P2d 409 (1989) (stating that preclusive effect may be given to “necessary findings in a formal administrative adjudication if the parties had both a full opportunity and the incentive to contest the point at issue on a record that also was subject to judicial review”), with Rueda v. Union Pacific Railroad Co., 180 Or 133, 156-57 , 175 P2d 778 (1946) (holding that limited grounds on which judicial review of arbitration decisions is available does not bar giving such decisions preclusive effect). 3 We note that neither of plainti

11
Rueda v. Union Pacific Railroad Co.green
or · 1946 · cited in 1 Oregon opinions naming this issue, 2007–2007
2 sentences

2007Compare Chavez v. Boise Cascade Corporation, 307 Or 632, 635 , 772 P2d 409 (1989) (stating that preclusive effect may be given to “necessary findings in a formal administrative adjudication if the parties had both a full opportunity and the incentive to contest the point at issue on a record that also was subject to judicial review”), with Rueda v. Union Pacific Railroad Co., 180 Or 133, 156-57 , 175 P2d 778 (1946) (holding that limited grounds on which judicial review of arbitration decisions is available does not bar giving such decisions preclusive effect). 3 We note that neither of plainti

2007Compare Chavez v. Boise Cascade Corporation, 307 Or 632, 635 , 772 P2d 409 (1989) (stating that preclusive effect may be given to “necessary findings in a formal administrative adjudication if the parties had both a full opportunity and the incentive to contest the point at issue on a record that also was subject to judicial review”), with Rueda v. Union Pacific Railroad Co., 180 Or 133, 156-57 , 175 P2d 778 (1946) (holding that limited grounds on which judicial review of arbitration decisions is available does not bar giving such decisions preclusive effect). 3 We note that neither of plainti

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 (2)

CaseCitedYears
State v. Kephart green
or · 1994
1 sentence

2022The holdings in the Court of Appeals cases were, thus, central to this court’s understanding of what the legislature had intended to accomplish by limiting the reviewability bar of former ORS 138.222(2)(d) to sentences resulting from a “stipulated sentencing agreement.” Id. at 445 .

12022–2022
State v. Adams green
or · 1993
2 sentences

2022This court first construed the reviewability bar in State v. Adams, 315 Or 359, 367 , 847 P2d 397 (1993), in which we held that former ORS 138.222(2)(d) (1989)—when applicable—precluded review of a component term of a sen- tence to which the parties had specifically agreed.

2022This court first construed the reviewability bar in State v. Adams, 315 Or 359, 367 , 847 P2d 397 (1993), in which we held that former ORS 138.222(2)(d) (1989)—when applicable—precluded review of a component term of a sen- tence to which the parties had specifically agreed.

12022–2022

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 138.105 (5) OR § Or. Rev. Stat. § 137.669 (4) OR § Or. Rev. Stat. § 137.700 (4) OR § Or. Rev. Stat. § 135.407 (3) OR § Or. Rev. Stat. § 137.712 (3)

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

CT 66 (1989–2026) OR 6 (2007–2025)

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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