State v. Curran

How courts have described this case

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

• concluding that post-conviction order of forfeiture of certain property was appealable as an order affecting a substantial right made after judgment
• noting that the action for seiz- ing property that caused death, a “deodand,” was followed in English common law but was not carried over to the law of the United States
• holding defendant was entitled to jury trial on forfeiture when statute required findings that vehicle was employed in transportation or concealment of contraband and that the use was by or with knowledge of the owner
• distinguishing between contraband per se and derivative contraband, with the latter afforded greater legal protection than property which is inherently injurious to public welfare
• inclusion of “forfeiture” in ORS 137.010(8) “indicates that the legislature viewed the remedy of forfeiture as being a civil penalty”
• “Criminal action means an action at law by means of which a person is accused and tried for the commission of an offense.

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• State v. Carmickle
  Oregon Supreme Court· 1988-09-30· cited 50×
• Waybrant v. Bernstein
  Oregon Supreme Court· 1983-04-06· cited 37×
• State v. K. P.
  Oregon Supreme Court· 1996-08-01· cited 24×
• Mims Amusement Co. v. South Carolina Law Enforcement Division
  Supreme Court of South Carolina· 2005-10-03· cited 23×
• State v. Thompson
  Court of Appeals of Oregon· 2000-04-05· cited 22×
• Burlington Northern, Inc. v. Department of Revenue
  Oregon Supreme Court· 1981-10-20· cited 17×
• State v. Cunningham
  Court of Appeals of Oregon· 1999-07-07· cited 14×
• State v. Branstetter
  Court of Appeals of Oregon· 2000-03-22· cited 9×
• Lincoln Interagency Narcotics Team v. Kitzhaber
  Oregon Supreme Court· 2006-10-19· cited 8×
• Pacific Northwest Bell Telephone Co. v. Eachus
  Court of Appeals of Oregon· 1991-06-12· cited 8×
• State v. Johnson
  Court of Appeals of Oregon· 2013-01-09· cited 8×
• City of Lake Oswego v. $23,232.23 in Cash
  Court of Appeals of Oregon· 1996-05-01· cited 7×
• Lorentz Bruun Company v. Execulodge Corp.
  Oregon Supreme Court· 1992-07-30· cited 6×
• State v. Davis
  Court of Appeals of Utah· 1989-02-21· cited 6×
• Clackamas County v. 102 Marijuana Plants
  Oregon Supreme Court· 1996-07-25· cited 5×
• Moen v. Washington County
  Court of Appeals of Oregon· 1987-08-05· cited 5×
• State v. Selness
  Court of Appeals of Oregon· 1998-06-24· cited 4×
• State v. Neal
  Court of Appeals of Oregon· 1982-07-08· cited 3×
• State v. Crocker
  Court of Appeals of Oregon· 1989-02-22· cited 3×
• State v. Foley
  Court of Appeals of Oregon· 1993-12-22· cited 3×