State v. Andrews

How courts have described this case

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

• concluding that, when a circumstance transforms otherwise innocent conduct into criminally culpable conduct, the existence of the circumstance is a material element that necessarily requires a culpable mental state
• noting that, in a court trial, a “matter of law”-like contention can be adequately preserved by closing argument to that effect
• analyzing question of when a culpable mental state is required and disavowing Van Norsdall’s analysis to the extent it differed from the analysis in that case
• noting “the Criminal Code’s fundamental hostility toward imposing criminal liability without fault”
• “[W]e emphasize that legislative intent must be the touchstone of analysis under ORS 161.095 to ORS 161.115.”
• “We reverse and remand for a new trial.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

• State v. Gonzalez
  Court of Appeals of Oregon· 2003-06-26· cited 33×
• State v. Forrester
  Court of Appeals of Oregon· 2005-12-14· cited 28×
• State v. Prophet
  Court of Appeals of Oregon· 2022-03-16· cited 28×
• State v. Rutley
  Court of Appeals of Oregon· 2005-11-16· cited 22×
• State v. Alvarado
  Court of Appeals of Oregon· 2013-07-24· cited 21×
• State v. Barboe
  Court of Appeals of Oregon· 2012-11-07· cited 19×
• State v. Wilson
  Court of Appeals of Oregon· 2011-02-02· cited 15×
• State v. Rainoldi
  Court of Appeals of Oregon· 2010-06-30· cited 15×
• State v. Olive
  Court of Appeals of Oregon· 2013-10-23· cited 14×
• Fowler v. Cooley
  Court of Appeals of Oregon· 2010-12-08· cited 13×
• State v. Ruggles
  Court of Appeals of Oregon· 2010-10-20· cited 11×
• State v. Butterfield
  Court of Appeals of Oregon· 2024-05-08· cited 10×
• State v. Collins
  Court of Appeals of Oregon· 2002-02-06· cited 9×
• State v. Massey
  Court of Appeals of Oregon· 2012-05-09· cited 8×
• State v. Lockamy
  Court of Appeals of Oregon· 2009-04-01· cited 8×
• State v. Clum
  Court of Appeals of Oregon· 2007-11-07· cited 7×
• State v. Badillo
  Court of Appeals of Oregon· 2013-12-26· cited 6×
• State v. Hamilton
  Court of Appeals of Oregon· 2003-03-13· cited 5×
• State v. Schodrow
  Court of Appeals of Oregon· 2003-04-03· cited 4×
• State v. Mross
  Court of Appeals of Oregon· 2015-10-14· cited 4×