State v. Benson

How courts have described this case

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

• holding that it was plain error not to merge the verdicts for first-degree 1 See State v. Wyatt, 331 Or 335, 341, 15 P3d 22 (2000) (“Generally, an issue not preserved in the trial court will not be considered on appeal.”); ORAP 5.45(1
• holding that it was plain error not to merge the verdicts for first-degree 1 See State v. Wyatt, 331 Or 335, 341, 15 P3d 22 (2000) (“Generally, an issue not preserved in the trial court will not be considered on appeal.”); ORAP 5.45(1
• holding that it was plain error not to merge the verdicts for first-degree 1 See State v. Wyatt, 331 Or 335, 341, 15 P3d 22 (2000) (“Generally, an issue not preserved in the trial court will not be considered on appeal.”); ORAP 5.45(1) (allowing discretionary review of “plain” errors
• holding that it was plain error not to merge the verdicts for first-degree 1 See State v. Wyatt, 331 Or 335, 341, 15 P3d 22 (2000) (“Generally, an issue not preserved in the trial court will not be considered on appeal.”); ORAP 5.45(1) (allowing discretionary review of “plain” errors
• accepting state concession and exercising discretion to correct trial court’s plain error in failing to merge guilty verdicts for second-degree sexual abuse and first-degree rape

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• State v. Lugo
  Court of Appeals of Oregon· 2022-10-26· cited 6×
• State v. Harrington
  Court of Appeals of Oregon· 2025-01-08· cited 4×
• State v. Fasasi
  Court of Appeals of Oregon· 2024-07-10· cited 3×
• State v. McFarland
  Supreme Court of Connecticut· 2025-09-02· cited 1×
• State v. McFarland (Third Concurrence)
  Supreme Court of Connecticut· 2025-09-02

Cites

8 cases in this archive are cited by this case.

• United States v. Marion
  Supreme Court· 1971-12-20· cited 3,756×
• United States v. Lovasco
  Supreme Court· 1977-10-03· cited 2,170×
• United States v. A. Guy Crouch, III and Michael J. Frye
  Fifth Circuit· 1996-05-30· cited 155×
• State v. Davis
  Oregon Supreme Court· 2008-12-31· cited 82×
• United States v. Gary Donald Barken
  Ninth Circuit· 2005-06-27· cited 27×
• State v. Stokes
  Oregon Supreme Court· 2011-03-10· cited 13×
• State v. Benson
  Court of Appeals of Oregon· 2021-02-24· cited 7×
• State v. Whitlow
  Court of Appeals of Oregon· 2014-04-23· cited 4×