State v. Hart

How courts have described this case

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

• declining to impose a requirement on courts to make written findings under ORS 137.106, and noting that “the word ‘findings’ does not appear in that section at all”
• trial courts are encouraged to state findings on the record, which “always are useful and, on occasion, could even be critical” to appellate review
• “[Sentences * * * imposed for felony convictions after November 1,1989, are subject to review under ORS 138.222,” not ORS 138.040.
• ORS 137.106(2), which requires trial courts to \take into account\ three factors in determining whether to order restitution, does not require trial court to make explicit determinations or findings as to the statutory factors
• ORS 137.106(2), which requires trial courts to “take into account” three factors in determining whether to order restitution, does not require trial court to make explicit determinations or findings as to the statutory factors
• where the applicable statute did not expressly require the trial court to make findings regarding a defendant’s ability to make restitution to the victim, the court was enjoined by ORS 174.010 from reading that requirement into the statute

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• Peeples v. Lampert
  Oregon Supreme Court· 2008-08-14· cited 389×
• State v. Cloutier
  Oregon Supreme Court· 2011-09-22· cited 233×
• State v. Aguirre-Rodriguez
  Oregon Supreme Court· 2021-03-04· cited 37×
• State v. Ignacio Gutierrez
  Court of Appeals of Oregon· 2005-02-16· cited 21×
• State v. Wilson
  Court of Appeals of Oregon· 2004-06-02· cited 15×
• Bacote v. Johnson
  Court of Appeals of Oregon· 2000-07-12· cited 14×
• Antunez v. Lampert
  Court of Appeals of Oregon· 2000-07-12· cited 12×
• State Ex Rel. Juvenile Department v. Rial
  Court of Appeals of Oregon· 2002-05-08· cited 12×
• Whipple v. Hill
  Court of Appeals of Oregon· 2005-10-12· cited 5×
• Gildroy v. Board of Tax Service Examiners
  Court of Appeals of Oregon· 2002-10-16· cited 2×
• State v. Vancleave
  Court of Appeals of Oregon· 1999-10-13· cited 1×
• State v. Motschenbacher
  Court of Appeals of Oregon· 1999-09-29

Cites

7 cases in this archive are cited by this case.

• Portland General Electric Co. v. Bureau of Labor & Industries
  Oregon Supreme Court· 1993-10-19· cited 2,400×
• McCarthy v. Oregon Freeze Dry, Inc.
  Oregon Supreme Court· 1998-04-23· cited 77×
• State v. Hart
  Oregon Supreme Court· 1985-05-07· cited 53×
• State v. Edson
  Oregon Supreme Court· 1999-07-29· cited 44×
• Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, Inc.
  Oregon Supreme Court· 1997-03-20· cited 43×
• Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, Inc.
  Oregon Supreme Court· 1995-12-29· cited 38×
• State v. Hart
  Court of Appeals of Oregon· 1997-09-10· cited 10×