Elbert v. Keating, O'Gara

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that an inference cannot be “supported by mere speculation” but “must be reasonable, based on the record”
• explaining that the state bears the burden to prove each of the facts necessary to support the restitution award
• explaining that “Oregon has long followed the principle that market value can be an appropriate measure for the reasonable cost of replacement or repairs” for purposes of determining economic damages
• “[w]here the evidence gives rise to multiple reasonable inferences, the choice between those inferences—so long as those inferences are reasonable—is a matter for the factfinder”
• “[T]he issue on review is whether a rational factfinder, accepting all reasonable inferences, could have found the facts nec- essary to support the [restitution] award.”
• “Where the evidence gives rise to multiple rea- sonable inferences, the choice between those inferences— so long as those inferences are reasonable—is a matter for the factfinder.”

Source: CourtListener parenthetical corpus (CC0).