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Oregon Revised Statutes

Or. Rev. Stat. § 163.115 (2026)

Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term

✓ current as of May 2026
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      163.115 Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term. (1) Except as provided in ORS 163.095, 163.118 and 163.125, criminal homicide constitutes murder in the second degree:

      (a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defendant was under the influence of an extreme emotional disturbance;

      (b) When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in the course of and in furtherance of the crime the person is committing or attempting to commit, or during the immediate flight therefrom, the person, or another participant if there be any, causes the death of a person other than one of the participants:

      (A) Arson in the first degree as defined in ORS 164.325;

      (B) Criminal mischief in the first degree by means of an explosive as defined in ORS 164.365;

      (C) Burglary in the first degree as defined in ORS 164.225;

      (D) Escape in the first degree as defined in ORS 162.165;

      (E) Kidnapping in the second degree as defined in ORS 163.225;

      (F) Kidnapping in the first degree as defined in ORS 163.235;

      (G) Robbery in the first degree as defined in ORS 164.415;

      (H) Any felony sexual offense in the first degree defined in this chapter;

      (I) Compelling prostitution as defined in ORS 167.017; or

      (J) Assault in the first degree, as defined in ORS 163.185, and the victim is under 14 years of age, or assault in the second degree, as defined in ORS 163.175 (1)(a) or (b), and the victim is under 14 years of age; or

      (c) By abuse when a person, recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

      (A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or

      (B) The person causes the death by neglect or maltreatment.

      (2) An accusatory instrument alleging murder by abuse under subsection (1)(c) of this section need not allege specific incidents of assault or torture.

      (3) It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:

      (a) Was not the only participant in the underlying crime;

      (b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid in the commission thereof;

      (c) Was not armed with a dangerous or deadly weapon;

      (d) Had no reasonable ground to believe that any other participant was armed with a dangerous or deadly weapon; and

      (e) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death.

      (4) It is an affirmative defense to a charge of violating subsection (1)(c)(B) of this section that the victim was a dependent person who was at least 18 years of age and was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the dependent person or the guardian of the dependent person.

      (5) Except as otherwise provided in ORS 144.397 and 163.155:

      (a) A person convicted of murder in the second degree, who was at least 15 years of age at the time of committing the murder, shall be punished by imprisonment for life.

      (b) When a defendant is convicted of murder in the second degree under this section, the court shall order that the defendant shall be confined for a minimum of 25 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

      (c) At any time after completion of a minimum period of confinement pursuant to paragraph (b) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing the prisoner has:

      (A) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time;

      (B) The right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense; and

      (C) The right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the State Board of Parole and Post-Prison Supervision pursuant to rules adopted by the board.

      (d) If, upon hearing all of the evidence, the board, upon a unanimous vote of three board members or, if the chairperson requires all voting members to participate, a unanimous vote of all voting members, finds that the prisoner is capable of rehabilitation and that the terms of the prisoner’s confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, it shall enter an order to that effect and the order shall convert the terms of the prisoner’s confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise, the board shall deny the relief sought in the petition.

      (e) If the board denies the relief sought in the petition, the board shall determine the date of the subsequent hearing, and the prisoner may petition for an interim hearing, in accordance with ORS 144.285.

      (f) The board’s final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order.

      (6) As used in this section:

      (a) “Assault” means the intentional, knowing or reckless causation of physical injury to another person. “Assault” does not include the causation of physical injury in a motor vehicle accident that occurs by reason of the reckless conduct of a defendant.

      (b) “Neglect or maltreatment” means a violation of ORS 163.535, 163.545 or 163.547 or a failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child under 14 years of age or a dependent person. This paragraph is not intended to replace or affect the duty or standard of care required under ORS chapter 677.

      (c) “Pattern or practice” means one or more previous episodes.

      (d) “Torture” means the intentional infliction of intense physical pain upon an unwilling victim as a separate objective apart from any other purpose. [1971 c.743 §88; 1975 c.577 §1; 1979 c.2 §1; 1981 c.873 §5; 1985 c.763 §1; 1989 c.985 §1; 1993 c.664 §1; 1995 c.421 §3; 1995 c.657 §1; 1997 c.850 §2; 1999 c.782 §4; 2007 c.717 §2; 2009 c.660 §7; 2009 c.785 §1; 2011 c.291 §1; 2015 c.820 §46; 2019 c.634 §28; 2019 c.635 §4]

 

      163.116 [1979 c.2 §3; repealed by 1981 c.873 §9]

Notes of Decisions
Cited in 722 cases (130 in the last 5 years), 1933–2026 · leading case: State v. Shumway, 630 P.2d 796 (Or. 1981).
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State v. Shumway, 630 P.2d 796 (Or. 1981). · cites it 79× “The defendant was convicted pursuant to ORS 163.115. This statute was amended by an initiative in 1978.”
State v. Turnidge, 374 P.3d 853 (Or. 2016). · cites it 17× “125 respectively), murder (ORS 163.115), and aggravated murder (ORS 163.”
State v. Cunningham, 880 P.2d 431 (Or. 1994). · cites it 22× “The defendant's name and case number for each homicide prosecution in which a violation of ORS 163.115 and 163.095 has been filed in Douglas County for an offense occurring on or after December 6, 1984; "2.”
State v. Ventris, 96 P.3d 815 (Or. 2004). · cites it 73× “The indictment also charged defendant with one count of "murder" under ORS 163.115, [1] one count of first-degree robbery under ORS 164.”
State v. Moore, 927 P.2d 1073 (Or. 1996). · cites it 33× “105 and this section, `aggravated murder' means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances: "(1)(a) * * * "* * * * * "(d) There was more than one murder victim in the same criminal episode as defined in ORS…”
State v. Morgan, 842 P.2d 406 (Or. Ct. App. 1993). · cites it 52× “105 or ORS 163.115 shall be for the remainder of the offender’s life, unless the Board finds a shorter term appropriate.”
State v. McLain, 974 P.2d 727 (Or. Ct. App. 1999). · cites it 54× “Reynolds, Solicitor General. Before DEITS, Chief Judge, and WARREN, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, and WOLLHEIM, Judges.”
State v. Burrow, 653 P.2d 226 (Or. 1982). · cites it 38× “" ORS 163.115 (1979) (amended 1981). [2] The trial court instructed the jury that "[i]t is a defense to this charge if the defendant proves each of the following," continuing by reading the jury the five items listed in the foregoing paragraphs (a) through (e).”
State v. Boots, 848 P.2d 76 (Or. 1993). · cites it 32× “This court also concluded that the jury necessarily found by its general verdict on the aggravated murder count that defendant was guilty of murder under ORS 163.115, and that the instructional error did not affect that implicit finding.”
State v. Hessel, 844 P.2d 209 (Or. Ct. App. 1992). · cites it 48× “) Defendant reasons that, because ORS 163.115 expressly excepts homicides that come within ORS 163.”
State v. Morgan, 856 P.2d 612 (Or. 1993). · cites it 26× “The statutory sentencing requirements for a Murder conviction (ORS 163.115) offer an excellent illustration of the interface between the statutory requirement and the rules of the State Sentencing Guidelines Board.”
State v. Zweigart, 188 P.3d 242 (Or. 2008). · cites it 20× “ORS 163.115 provides that a criminal homicide constitutes murder when a person intentionally causes the death of another person, ORS 163.”
Show all 722 citing cases →
— Or. Rev. Stat. § 163.115(1) — 62 cases
State v. Moore, 927 P.2d 1073 (Or. 1996). “105 and this section, `aggravated murder' means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances: "(1)(a) * * * "* * * * * "(d) There was more than one murder victim in the same criminal episode as defined in ORS…”
State v. Cunningham, 880 P.2d 431 (Or. 1994). “The defendant's name and case number for each homicide prosecution in which a violation of ORS 163.115 and 163.095 has been filed in Douglas County for an offense occurring on or after December 6, 1984; "2.”
State v. Smith, 791 P.2d 836 (Or. 1990).
State v. Carson, 640 P.2d 586 (Or. 1982).
State v. Montez, 789 P.2d 1352 (Or. 1990).
— Or. Rev. Stat. § 163.115(1)(a) — 52 cases
State v. Moore, 927 P.2d 1073 (Or. 1996). “105 and this section, `aggravated murder' means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances: "(1)(a) * * * "* * * * * "(d) There was more than one murder victim in the same criminal episode as defined in ORS…”
State v. Ventris, 96 P.3d 815 (Or. 2004). “The indictment also charged defendant with one count of "murder" under ORS 163.115, [1] one count of first-degree robbery under ORS 164.”
State v. Hessel, 844 P.2d 209 (Or. Ct. App. 1992). “) Defendant reasons that, because ORS 163.115 expressly excepts homicides that come within ORS 163.”
State v. Cunningham, 880 P.2d 431 (Or. 1994). “The defendant's name and case number for each homicide prosecution in which a violation of ORS 163.115 and 163.095 has been filed in Douglas County for an offense occurring on or after December 6, 1984; "2.”
State v. Atkinson, 722 P.2d 9 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 163.115(1)(b) — 58 cases
State v. Ventris, 96 P.3d 815 (Or. 2004). “The indictment also charged defendant with one count of "murder" under ORS 163.115, [1] one count of first-degree robbery under ORS 164.”
Martinez v. Cain, 458 P.3d 670 (Or. 2020).
State v. Williams, 828 P.2d 1006 (Or. 1992).
State v. Cunningham, 880 P.2d 431 (Or. 1994). “The defendant's name and case number for each homicide prosecution in which a violation of ORS 163.115 and 163.095 has been filed in Douglas County for an offense occurring on or after December 6, 1984; "2.”
State v. Monaco, 375 Or. 1 (Or. 2026).
— Or. Rev. Stat. § 163.115(1)(b)(A) — 3 cases
Walraven v. Premo, 372 P.3d 1 (Or. Ct. App. 2016).
State v. Monaco, 561 P.3d 650 (Or. Ct. App. 2024).
State v. Monaco, 336 Or. App. 684 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.115(1)(b)(B) — 2 cases
State v. Monaco, 561 P.3d 650 (Or. Ct. App. 2024).
State v. Monaco, 336 Or. App. 684 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.115(1)(b)(C) — 6 cases
State v. Ennis, 158 P.3d 510 (Or. Ct. App. 2007).
State v. Lopez-Minjarez, 260 P.3d 439 (Or. 2011).
State v. Pinnell, 806 P.2d 110 (Or. 1991).
Thompson v. Fhuere, 545 P.3d 1233 (Or. 2024).
State v. Trinh, 863 P.2d 532 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 163.115(1)(b)(E) — 2 cases
State v. Zweigart, 188 P.3d 242 (Or. 2008). “ORS 163.115 provides that a criminal homicide constitutes murder when a person intentionally causes the death of another person, ORS 163.”
State v. Rogers, 499 P.3d 45 (Or. 2021).
— Or. Rev. Stat. § 163.115(1)(b)(F) — 2 cases
State v. Lopez-Minjarez, 260 P.3d 439 (Or. 2011).
Martinez v. Cain, 458 P.3d 670 (Or. 2020).
— Or. Rev. Stat. § 163.115(1)(b)(G) — 4 cases
Martinez v. Cain, 458 P.3d 670 (Or. 2020).
State v. Pinnell, 806 P.2d 110 (Or. 1991).
State v. Zweigart, 188 P.3d 242 (Or. 2008). “ORS 163.115 provides that a criminal homicide constitutes murder when a person intentionally causes the death of another person, ORS 163.”
State v. Dorey, 786 P.2d 1288 (Or. Ct. App. 1990).
— Or. Rev. Stat. § 163.115(1)(b)(H) — 3 cases
State v. Montez, 789 P.2d 1352 (Or. 1990).
State v. Tinoco-Camarena, 489 P.3d 572 (Or. Ct. App. 2021).
State v. Rogers, 499 P.3d 45 (Or. 2021).
— Or. Rev. Stat. § 163.115(1)(b)(J) — 1 case
State v. Roden, 437 P.3d 1203 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.115(1)(c) — 13 cases
State v. Bruce Lincoln Butterfield, 874 P.2d 1339 (Or. Ct. App. 1994).
State v. Pollard, 888 P.2d 1054 (Or. Ct. App. 1995).
State v. Mansor, 381 P.3d 930 (Washington Cty. Cir. Ct., O.R. 2016).
State v. Moore, 927 P.2d 1073 (Or. 1996). “105 and this section, `aggravated murder' means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances: "(1)(a) * * * "* * * * * "(d) There was more than one murder victim in the same criminal episode as defined in ORS…”
State v. Ventris, 96 P.3d 815 (Or. 2004). “The indictment also charged defendant with one count of "murder" under ORS 163.115, [1] one count of first-degree robbery under ORS 164.”
— Or. Rev. Stat. § 163.115(1)(c)(A) — 1 case
State v. Roden, 437 P.3d 1203 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.115(1)(c)(B) — 3 cases
State v. Garcia, 512 P.3d 839 (Or. Ct. App. 2022).
State v. Horn-Garcia, 513 P.3d 47 (Or. Ct. App. 2022).
State v. Roden, 437 P.3d 1203 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.115(1l)(a) — 1 case
State v. Cunningham, 880 P.2d 431 (Or. 1994). “The defendant's name and case number for each homicide prosecution in which a violation of ORS 163.115 and 163.095 has been filed in Douglas County for an offense occurring on or after December 6, 1984; "2.”
— Or. Rev. Stat. § 163.115(2) — 7 cases
State v. Hessel, 844 P.2d 209 (Or. Ct. App. 1992). “) Defendant reasons that, because ORS 163.115 expressly excepts homicides that come within ORS 163.”
State v. Burrow, 653 P.2d 226 (Or. 1982). “" ORS 163.115 (1979) (amended 1981). [2] The trial court instructed the jury that "[i]t is a defense to this charge if the defendant proves each of the following," continuing by reading the jury the five items listed in the foregoing paragraphs (a) through (e).”
State v. Reams, 616 P.2d 498 (Or. Ct. App. 1980).
State v. Davis, 606 P.2d 671 (Or. Ct. App. 1980).
State v. Dickerson, 827 P.2d 1354 (Or. Ct. App. 1992).
— Or. Rev. Stat. § 163.115(2)(b) — 1 case
State v. Nefstad, 789 P.2d 1326 (Or. 1990).
— Or. Rev. Stat. § 163.115(2)(c) — 1 case
State v. Burrow, 653 P.2d 226 (Or. 1982). “" ORS 163.115 (1979) (amended 1981). [2] The trial court instructed the jury that "[i]t is a defense to this charge if the defendant proves each of the following," continuing by reading the jury the five items listed in the foregoing paragraphs (a) through (e).”
— Or. Rev. Stat. § 163.115(3) — 55 cases
State v. Burrow, 653 P.2d 226 (Or. 1982). “" ORS 163.115 (1979) (amended 1981). [2] The trial court instructed the jury that "[i]t is a defense to this charge if the defendant proves each of the following," continuing by reading the jury the five items listed in the foregoing paragraphs (a) through (e).”
State v. Morgan, 842 P.2d 406 (Or. Ct. App. 1993). “105 or ORS 163.115 shall be for the remainder of the offender’s life, unless the Board finds a shorter term appropriate.”
State v. Morgan, 856 P.2d 612 (Or. 1993). “The statutory sentencing requirements for a Murder conviction (ORS 163.115) offer an excellent illustration of the interface between the statutory requirement and the rules of the State Sentencing Guidelines Board.”
Smith v. Baldwin, 510 F.3d 1127 (9th Cir. 2007).
State v. Ennis, 158 P.3d 510 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 163.115(3)(a) — 27 cases
State v. Morgan, 856 P.2d 612 (Or. 1993). “The statutory sentencing requirements for a Murder conviction (ORS 163.115) offer an excellent illustration of the interface between the statutory requirement and the rules of the State Sentencing Guidelines Board.”
State v. Morgan, 842 P.2d 406 (Or. Ct. App. 1993). “105 or ORS 163.115 shall be for the remainder of the offender’s life, unless the Board finds a shorter term appropriate.”
State v. Davilla, 230 P.3d 22 (Or. Ct. App. 2010).
State v. Nobles, 473 P.3d 1108 (Or. Ct. App. 2020).
Trujillo v. Maass, 822 P.2d 703 (Or. 1991).
— Or. Rev. Stat. § 163.115(3)(b) — 33 cases
State v. Morgan, 856 P.2d 612 (Or. 1993). “The statutory sentencing requirements for a Murder conviction (ORS 163.115) offer an excellent illustration of the interface between the statutory requirement and the rules of the State Sentencing Guidelines Board.”
State v. Morgan, 842 P.2d 406 (Or. Ct. App. 1993). “105 or ORS 163.115 shall be for the remainder of the offender’s life, unless the Board finds a shorter term appropriate.”
Wells v. Peterson, 826 P.2d 13 (Or. Ct. App. 1992).
Janowski v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 1270 (Or. 2010).
Smith v. Baldwin, 510 F.3d 1127 (9th Cir. 2007).
— Or. Rev. Stat. § 163.115(3)(c) — 18 cases
State v. Morgan, 842 P.2d 406 (Or. Ct. App. 1993). “105 or ORS 163.115 shall be for the remainder of the offender’s life, unless the Board finds a shorter term appropriate.”
State v. Burrow, 653 P.2d 226 (Or. 1982). “" ORS 163.115 (1979) (amended 1981). [2] The trial court instructed the jury that "[i]t is a defense to this charge if the defendant proves each of the following," continuing by reading the jury the five items listed in the foregoing paragraphs (a) through (e).”
Wells v. Peterson, 826 P.2d 13 (Or. Ct. App. 1992).
Trujillo v. Maass, 822 P.2d 703 (Or. 1991).
State v. Morgan, 856 P.2d 612 (Or. 1993). “The statutory sentencing requirements for a Murder conviction (ORS 163.115) offer an excellent illustration of the interface between the statutory requirement and the rules of the State Sentencing Guidelines Board.”
— Or. Rev. Stat. § 163.115(3)(d) — 7 cases
Smith v. Baldwin, 510 F.3d 1127 (9th Cir. 2007).
Janowski v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 1270 (Or. 2010).
Trujillo v. Maass, 822 P.2d 703 (Or. 1991).
State v. Morgan, 842 P.2d 406 (Or. Ct. App. 1993). “105 or ORS 163.115 shall be for the remainder of the offender’s life, unless the Board finds a shorter term appropriate.”
State v. Ennis, 158 P.3d 510 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 163.115(4) — 4 cases
State v. Wesley, 295 P.3d 1147 (Or. Ct. App. 2013).
State v. Beason, 12 P.3d 560 (Or. Ct. App. 2000).
State v. Cannon, 900 P.2d 529 (Or. Ct. App. 1995).
State v. Hays, 964 P.2d 1042 (Or. Ct. App. 1998).
— Or. Rev. Stat. § 163.115(4)(a) — 3 cases
State v. Cannon, 900 P.2d 529 (Or. Ct. App. 1995).
State v. Pavlinac, 870 P.2d 235 (Or. Ct. App. 1994).
State v. Sung Suk Kim, 887 P.2d 393 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 163.115(4)(b) — 3 cases
State v. Cannon, 900 P.2d 529 (Or. Ct. App. 1995).
State v. Gaynor, 880 P.2d 947 (Or. Ct. App. 1994).
State v. Brown, 923 P.2d 1236 (Or. Ct. App. 1996).
— Or. Rev. Stat. § 163.115(4)(c) — 1 case
State v. Gaynor, 880 P.2d 947 (Or. Ct. App. 1994).
— Or. Rev. Stat. § 163.115(5) — 48 cases
State v. Shumway, 630 P.2d 796 (Or. 1981). “The defendant was convicted pursuant to ORS 163.115. This statute was amended by an initiative in 1978.”
State v. McLain, 974 P.2d 727 (Or. Ct. App. 1999). “Reynolds, Solicitor General. Before DEITS, Chief Judge, and WARREN, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, and WOLLHEIM, Judges.”
State v. Davis, 174 P.3d 1022 (Or. Ct. App. 2007).
State v. Reams, 636 P.2d 913 (Or. 1981).
State v. Segner, 600 P.2d 916 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 163.115(5)(a) — 17 cases
State v. McLain, 974 P.2d 727 (Or. Ct. App. 1999). “Reynolds, Solicitor General. Before DEITS, Chief Judge, and WARREN, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, and WOLLHEIM, Judges.”
State v. Davis, 174 P.3d 1022 (Or. Ct. App. 2007).
State v. Beason, 12 P.3d 560 (Or. Ct. App. 2000).
State v. Barrett, 10 P.3d 901 (Or. 2000).
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 163.115(5)(b) — 18 cases
State v. Ambill, 385 P.3d 1110 (Or. Ct. App. 2016).
State v. Davis, 174 P.3d 1022 (Or. Ct. App. 2007).
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997).
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019).
State v. McLain, 974 P.2d 727 (Or. Ct. App. 1999). “Reynolds, Solicitor General. Before DEITS, Chief Judge, and WARREN, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, and WOLLHEIM, Judges.”
— Or. Rev. Stat. § 163.115(5)(c) — 4 cases
State v. Ambill, 385 P.3d 1110 (Or. Ct. App. 2016).
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
State v. Davis, 174 P.3d 1022 (Or. Ct. App. 2007).
State v. Davis, 174 P.3d 1022 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 163.115(5)(d) — 1 case
Hardegger v. Amsberry, 473 P.3d 576 (Or. Ct. App. 2020).
— Or. Rev. Stat. § 163.115(6) — 1 case
State v. Beason, 12 P.3d 560 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 163.115(6)(b) — 2 cases
State v. Hickman/Hickman, 358 P.3d 987 (Or. 2015).
State v. Hickman/Hickman (Or. 2015).
— Or. Rev. Stat. § 163.115(a) — 1 case
State v. Ventris, 96 P.3d 815 (Or. 2004). “The indictment also charged defendant with one count of "murder" under ORS 163.115, [1] one count of first-degree robbery under ORS 164.”
— Or. Rev. Stat. § 163.115(b) — 2 cases
State v. Burnell, 877 P.2d 1228 (Or. Ct. App. 1994).
State v. Merrell, 12 P.3d 556 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 163.115(b)(G) — 1 case
State Ex Rel. Juv. Dep't v. Cook, 932 P.2d 547 (Or. 1997).
— Or. Rev. Stat. § 163.115(c) — 1 case
State v. Compton, 39 P.3d 833 (Or. 2002).
— Or. Rev. Stat. § 163.115(c)(A) — 1 case
Bynum v. Premo (D. Or. 2021).
— Or. Rev. Stat. § 163.115(f) — 1 case
Dixon v. Bd. of Parole & Post-Prison Supervision, 306 P.3d 716 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 163.115(l)(a) — 56 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “125 respectively), murder (ORS 163.115), and aggravated murder (ORS 163.”
State v. Moore, 927 P.2d 1073 (Or. 1996). “105 and this section, `aggravated murder' means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances: "(1)(a) * * * "* * * * * "(d) There was more than one murder victim in the same criminal episode as defined in ORS…”
State v. Wille, 858 P.2d 128 (Or. 1993).
State v. Hessel, 844 P.2d 209 (Or. Ct. App. 1992). “) Defendant reasons that, because ORS 163.115 expressly excepts homicides that come within ORS 163.”
State v. Beason, 12 P.3d 560 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 163.115(l)(b) — 64 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “125 respectively), murder (ORS 163.115), and aggravated murder (ORS 163.”
State v. Serrano, 324 P.3d 1274 (Or. 2014).
State v. Blair, 214 P.3d 47 (Or. Ct. App. 2009).
State v. Dasa, 227 P.3d 228 (Or. Ct. App. 2010).
State v. Williams, 828 P.2d 1006 (Or. 1992).
— Or. Rev. Stat. § 163.115(l)(b)(A) — 1 case
State v. Merideth, 942 P.2d 803 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 163.115(l)(b)(B) — 1 case
State v. Turnidge, 374 P.3d 853 (Or. 2016). “125 respectively), murder (ORS 163.115), and aggravated murder (ORS 163.”
— Or. Rev. Stat. § 163.115(l)(b)(C) — 4 cases
State v. Dasa, 227 P.3d 228 (Or. Ct. App. 2010).
State v. Brown, 800 P.2d 259 (Or. 1990).
State v. Bowen, 135 P.3d 272 (Or. 2006).
State v. Watkins, 679 P.2d 882 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 163.115(l)(b)(E) — 1 case
State v. Zweigart, 188 P.3d 242 (Or. 2008). “ORS 163.115 provides that a criminal homicide constitutes murder when a person intentionally causes the death of another person, ORS 163.”
— Or. Rev. Stat. § 163.115(l)(b)(G) — 5 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “125 respectively), murder (ORS 163.115), and aggravated murder (ORS 163.”
State v. Zweigart, 188 P.3d 242 (Or. 2008). “ORS 163.115 provides that a criminal homicide constitutes murder when a person intentionally causes the death of another person, ORS 163.”
State v. Wesley, 295 P.3d 1147 (Or. Ct. App. 2013).
State Ex Rel. Juv. Dep't v. Cook, 909 P.2d 202 (Or. Ct. App. 1996).
State v. Reeves, 894 P.2d 1170 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 163.115(l)(b)(H) — 1 case
State v. Barrett, 10 P.3d 901 (Or. 2000).
— Or. Rev. Stat. § 163.115(l)(b)(J) — 1 case
State v. Hamilton, 127 P.3d 654 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.115(l)(c) — 16 cases
State v. Bruce Lincoln Butterfield, 874 P.2d 1339 (Or. Ct. App. 1994).
State v. McAnulty, 338 P.3d 653 (Or. 2014).
State v. Compton, 39 P.3d 833 (Or. 2002).
State v. Crosby, 154 P.3d 97 (Or. 2007).
State v. Robinson, 363 P.3d 875 (Kan. 2015).
— Or. Rev. Stat. § 163.115(l)(c)(A) — 4 cases
State v. Crosby, 154 P.3d 97 (Or. 2007).
State v. Beason, 12 P.3d 560 (Or. Ct. App. 2000).
State v. Gibson, 928 P.2d 344 (Or. Ct. App. 1996).
State v. Hamilton, 127 P.3d 654 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.115(l)(c)(B) — 4 cases
State v. Crosby, 154 P.3d 97 (Or. 2007).
State v. Rodriguez-Moreno, 359 P.3d 532 (Or. Ct. App. 2015).
State v. Fitzhugh, 317 P.3d 371 (Or. Ct. App. 2013).
State v. Hamilton, 127 P.3d 654 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.115(l)(e) — 1 case
State v. Anthony, 228 P.3d 1222 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 163.115(lXb)(E) — 1 case
State v. Rogers, 4 P.3d 1261 (Or. 2000).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.