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State v. Blanton

Citations

  • 588 P.2d 28
  • 284 Or. 591
  • 1978 Ore. LEXIS 1264

How courts have described this case

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

  • endorsing the view that culpable mental state must be proved for those elements “defining the substance or quality of the forbidden conduct”
  • examining which elements \necessarily require[ ] a culpable mental state\ introduces a \confusing appearance of circularity\ in the test
  • “the qualifying phrase ‘that necessarily requires a culpable mental state’ * * * introduces a confusing appearance of circularity in the text”
  • “[T]he policy adopted by the legislature is to require a culpable mental state with respect to each element in the definition of an offense, with the exceptions stated in ORS 161.105 [relating to violations and offenses defined outside the Criminal Code].”
  • “a confusing appearance of circularity”
  • \a confusing appearance of circularity\

Source: CourtListener parenthetical corpus (CC0).

Judges: Linde, Unde

Read full opinion on CourtListener

Cited by

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

Cites

2 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.