should consider error (Oregon) · Go Syfert
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should consider error in Oregon

6 Oregon opinions name it 2 courts 2005–2026 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 (2)

CaseFollowedCited
State v. Atwoodgreen
orctapp · 2024 · cited in 4 Oregon opinions naming this issue, 2026–2026
2 sentences

2026See ORAP 5.45(7) (“The court may decline to exercise its discretion to consider plain error absent a request explaining the reasons that the court should consider the error.” (Footnote omitted.)); State v. Atwood, 332 Or App 495 , 498 n 2, 549 P3d 51 (2024) (“[W]e normally will not exercise [our] discretion in the absence of an explicit request for plain-error review and concomitant plain-error arguments.”).

2026See ORAP 5.45(7) (“The court may decline to exercise its discretion to consider plain error absent a request explaining the reasons that the court should consider the error.” (Footnote omitted.)); State v. Atwood, 332 Or App 495 , 498 n 2, 549 P3d 51 (2024) (“[W]e normally will not exercise [our] discretion in the absence of an explicit request for plain-error review and concomitant plain-error arguments.”).

44
State v. Reyes-Camarenagreen
or · 2000 · cited in 1 Oregon opinions naming this issue, 2005–2005
2 sentences

2005He urges, however, that this court should consider this claim of error as an “error apparent on the face of the record[.]” ORAP 5.45(6); see State v. Reyes-Camarena, 330 Or 431, 435 , 7 P3d 522 (2000) (explaining and applying plain error doctrine).

2005He urges, however, that this court should consider this claim of error as an “error apparent on the face of the record[.]” ORAP 5.45(6); see State v. Reyes-Camarena, 330 Or 431, 435 , 7 P3d 522 (2000) (explaining and applying plain error doctrine).

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 (1)

CaseCitedYears
State v. Nichols green
or · 2017
1 sentence

2023In cases of unequivocal invocations, the defendant often expresses “his or her intent by first self-identifying as the actor (‘I’) and then by clearly stating the desired action or view relating to the right[.]” Id. at 110 .

12023–2023

Where else courts name it

MI 34 (1984–2025) IL 32 (1978–2025) NY 31 (1975–2025) TX 30 (1983–2024) CA 27 (1962–2024) OH 27 (1990–2024) NJ 17 (1980–2025) SC 13 (1999–2026) IN 9 (1990–2017) CO 8 (1998–2025) UT 8 (1988–2017) WA 8 (1974–2020) WI 7 (1964–2022) FL 7 (1990–2012) TN 7 (1998–2017) LA 6 (1987–2015) AZ 6 (1991–2024) OR 6 (2005–2026) MN 5 (1987–2017) MO 5 (1984–2008) MD 3 (1998–2016) SD 3 (1980–2022) AL 3 (2000–2017) NV 2 (2016–2016) MS 2 (2004–2008) NE 2 (2008–2021) VT 2 (1979–2013) CT 2 (1994–1994) RI 2 (2007–2007) DC 2 (1998–2000) KS 2 (2020–2024) VA 2 (2004–2026) DE 2 (1992–2023)

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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