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State v. Donovan

Citations

  • 751 P.2d 1109
  • 305 Or. 332
  • 1988 Ore. LEXIS 15

How courts have described this case

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

  • recognizing that a probation revocation hear- ing “is not easily categorized as either criminal or civil” and explaining that the burden of proof is the lower standard used in civil cases
  • noting that the state must prove that a defendant violated a condition of probation by a preponderance of the evidence
  • noting that a “probation revocation proceeding invokes the criminal sanctions pending against the defendant” to justify extend- ing the exclusionary rule to juvenile probation revocation
  • noting that a “probation revocation proceeding invokes the crim- inal sanctions pending against the defendant” to justify extending the exclusionary rule to juvenile probation revo- cation
  • considering the circumstances of the hearing in question in determining whether decisions in probation revocation hearings can be preclusive in later criminal trials
  • “If the court elects to conduct a probation revocation hearing on specific violations, the court should make specific findings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones

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Cited by

19 cases in this archive cite this case.

Cites

16 cases in this archive are cited by this case.

Other cases with this name

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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.