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State v. Gaines

Citations

  • 275 Or. App. 736
  • 365 P.3d 1103
  • 2015 Ore. App. LEXIS 1592

How courts have described this case

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

  • relying on Lotches and holding that the trial court’s failure to give a jury concurrence instruction was plain error
  • relying on Lotches and holding that the trial court’s failure to give a jury concurrence instruction was plain error
  • relying on Lotches and holding that the trial court’s failure to give a jury concurrence instruction was plain error
  • declining to “adopt the state’s rigid position that the court [in Phillips] intended to preclude plain error review” and rejecting the state’s argument that plain error review was unavailable
  • holding jury must concur on theory of second-degree robbery
  • also noting that there was no “plausible strategic reason for defendant’s failure to seek a concurrence instruc- tion”

Source: CourtListener parenthetical corpus (CC0).

Judges: Egan, Muniz, Ortega

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

20 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.