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Oregon Supreme Court· 10/11/2012

State v. Burgess

Citations

  • 352 Or. 499
  • 287 P.3d 1093
  • 2012 WL 5285194
  • 2012 Ore. LEXIS 743

How courts have described this case

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

  • holding that “the state’s failure” to pursue a separate factual and legal theory at trial “now precludes the state from successfully asserting that theory on appellate review as a means to sustain defendant’s conviction”
  • holding a new factual theory could not be raised on appeal by respondent where appellant had no opportunity or reason to raise the issues during the trial
  • rejecting the view that the defendant was entitled to an \unqualified judgment of acquittal\ and remanding for retrial on a lesser-included offense
  • crafting an appropriate remedy where neither outright reversal nor entry of conviction on a lesser included offense was appropriate “given the idiosyncratic procedural posture” of the case
  • declining to affirm a conviction on an alternative theory of liability where, “[a]lthough there was arguably sufficient evidence from which the jury could have made that determination, it did not do so either expressly or by necessary implication in rendering its verdict”
  • declining to affirm a conviction on an alternative theory of liability where, “[a] lthough there was arguably sufficient evidence from which the jury could have made that determination, it did not do so either expressly or by necessary implication in rendering its verdict”

Source: CourtListener parenthetical corpus (CC0).

Judges: De Muniz

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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