State v. Cole

How courts have described this case

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

• distinguishing “physical necessity” from the “necessity of doing justice” based on the duty of the court to “guard the administration of justice”
• distinguishing “physical necessity” from the “necessity of doing justice” based on the duty of the court to “guard the adminis- tration of justice”
• noting that the Model Penal Code section upon which what is now ORS 131.525(1) is based was an attempt to clarify the manifest necessity test articulated in Perez, including “legal necessity” as one of the five general reasons justifying ter- mination of jeopardy
• applying “flexible standard of Arizona” and concluding that state “[not] required to show that no other judge is available to continue the trial” when mistrial ordered because trial judge ill in hospital
• applying state statute to jeopardy claim before analyzing under Supreme Court cases
• applying “flexible standard of Arizona” and concluding that state “[not] required to show that no other judge is available to continue the trial” when mistrial ordered because trial judge ill in hospital

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Walton
  Oregon Supreme Court· 1991-04-04· cited 149×
• State v. Saavedra
  New Mexico Supreme Court· 1988-12-21· cited 39×
• State v. Rathbun
  Oregon Supreme Court· 1979-09-25· cited 31×
• State v. Moore
  Oregon Supreme Court· 2017-03-09· cited 14×
• State v. Jones
  Court of Appeals of Oregon· 1996-05-15· cited 5×
• State Ex Rel. Wark v. Freerksen
  Court of Appeals of Oregon· 1987-02-25· cited 4×
• State v. Gillespie
  Court of Appeals of Oregon· 2019-10-09· cited 4×
• State v. Harris
  Court of Appeals of Oregon· 1980-08-04· cited 2×
• State v. Bayse
  Court of Appeals of Oregon· 1993-08-25· cited 2×
• State v. Jasper
  Court of Appeals of Oregon· 1988-02-24
• State v. Dykstra
  Court of Appeals of Oregon· 2020-12-09

Cites

12 cases in this archive are cited by this case.

• Arizona v. Washington
  Supreme Court· 1978-02-21· cited 2,314×
• United States v. Jorn
  Supreme Court· 1971-01-25· cited 2,215×
• United States v. Perez
  Supreme Court· 1824-03-23· cited 1,814×
• Illinois v. Somerville
  Supreme Court· 1973-02-27· cited 1,368×
• Downum v. United States
  Supreme Court· 1963-04-22· cited 985×
• Gori v. United States
  Supreme Court· 1961-10-09· cited 679×
• Commonwealth v. Robson
  Supreme Court of Pennsylvania· 1975-05-13· cited 143×
• Westover v. State
  Arizona Supreme Court· 1947-10-06· cited 32×
• People v. Upshaw
  California Supreme Court· 1974-12-05· cited 31×
• Henderson v. State
  Court of Criminal Appeals of Oklahoma· 1952-06-25· cited 27×
• State v. Varnado
  Supreme Court of Louisiana· 1909-11-15· cited 5×
• State v. Cole
  Court of Appeals of Oregon· 1978-11-14· cited 3×