Phoenix Management, Inc.

How courts have described this case

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

• concluding that trial court did not err in declin- ing to provide the defendant’s instruction regarding a cul- pable mental state because instruction did not articulate the legally correct culpable mental state
• concluding that the trial court did not err in refusing to give the defendant’s proposed instruc- tion because ORS 162.315 does not require that a defendant intentionally create a substantial risk of harm
• sua sponte overrul- ing prior Court of Appeals cases that the court interpreted to be inconsistent with subsequent Oregon Supreme Court precedent
• all elements other than venue, statute of limitations, and the like require mental state
• all elements other than venue, statute of limitations, and the like require mental state
• “[A] culpable mental state is required for Cite as 336 Or App 873 (2024) 877 each material element of the crime except for those relat- ing to the statute of limitations, jurisdiction, venue, and the like.”

Source: CourtListener parenthetical corpus (CC0).