Court of Appeals of Oregon· 10/27/1999
State v. Cook
Citations
- 989 P.2d 474
- 163 Or. App. 578
- 1999 Ore. App. LEXIS 1819
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing method of determining whether one crime is a lesser-included offense of another
- \Summary punishment for direct contempt is necessitated by a court's need to suppress immediate disturbances in the courtroom so that justice may be properly administered.\
- “[Jjurisdiction does exist to enter a conviction for an offense not expressly charged if that offense is one that is lesser-included within the offense charged in the indictment.”
- an offense is a lesser-included of another if “one offense is necessarily included within the other because the elements of the former are subsumed in the latter”
- indictment did not allege the element of extreme indifference to the value of human life merely because it alleged that the defendant caused serious physical injury to the victim
- where trial court erroneously convicted the defendant of second-degree assault, an offense not necessarily included in first-degree assault, Court of Appeals remanded to trial court for entry of conviction of third-degree assault, a lesser included offense to first-degree assault
Source: CourtListener parenthetical corpus (CC0).
Judges: Landau, Linder, Brewer
Read full opinion on CourtListenerCited by
24 cases in this archive cite this case; the 20 most cited are listed.
- United States v. CrewsNinth Circuit· 2010-07-23· cited 28×
- State v. ForresterCourt of Appeals of Oregon· 2005-12-14· cited 28×
- State v. ZimmermanCourt of Appeals of Oregon· 2000-10-11· cited 15×
- State v. BarrieCourt of Appeals of Oregon· 2009-04-15· cited 14×
- State v. MosesCourt of Appeals of Oregon· 2000-02-09· cited 13×
- State v. ChapmanCourt of Appeals of Oregon· 2006-12-13· cited 10×
- State v. EnglishCourt of Appeals of Oregon· 2015-02-25· cited 6×
- State v. McNairCourt of Appeals of Oregon· 2002-01-30· cited 5×
- State v. ChristianCourt of Appeals of Oregon· 2012-03-21· cited 4×
- People v. JonesColorado Court of Appeals· 2011-08-18· cited 4×
- State v. AlexanderCourt of Appeals of Oregon· 2015-09-16· cited 4×
- State v. DelaportillaCourt of Appeals of Oregon· 2012-05-16· cited 2×
- State v. MiddletonCourt of Appeals of Oregon· 2016-09-28· cited 2×
- United States v. CrewsNinth Circuit· 2010-03-03· cited 2×
- State v. HernandezCourt of Appeals of Oregon· 2025-05-29· cited 2×
- United States v. CrewsNinth Circuit· 2010-09-08· cited 1×
- State v. JonesCourt of Appeals of Oregon· 2000-06-21· cited 1×
- State v. MotaCourt of Appeals of Oregon· 2025-02-26· cited 1×
- State v. StuartCourt of Appeals of Oregon· 1999-11-10
- State v. StanleyCourt of Appeals of Oregon· 1999-11-10
Cites
10 cases in this archive are cited by this case.
- State v. BooneOregon Supreme Court· 1983-03-29· cited 35×
- State v. WoodsonOregon Supreme Court· 1993-02-11· cited 20×
- State v. CorpuzCourt of Appeals of Oregon· 1980-12-15· cited 20×
- State v. MoroneyOregon Supreme Court· 1980-09-10· cited 16×
- State v. GuzmanCourt of Appeals of Oregon· 1996-04-17· cited 13×
- Riggs v. StateCourt of Appeals of Oregon· 1981-01-19· cited 9×
- State v. WerderCourt of Appeals of Oregon· 1992-03-25· cited 8×
- State v. StrandquistCourt of Appeals of Oregon· 1982-05-12· cited 5×
- State v. BelcherCourt of Appeals of Oregon· 1993-10-20· cited 4×
- State v. HenryCourt of Appeals of Oregon· 1995-12-13· cited 3×
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.