Oregon Supreme Court· 5/10/2007

State v. Hess

Citations

159 P.3d 309
342 Or. 647
2007 Ore. LEXIS 468

How courts have described this case

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

rejecting a similar argument and concluding court’s pretrial order had the effect of excluding evidence from the jury’s consideration
observing that analysis in Quinn and Wedge was dictum
“The rules of evidence govern the presentation of all factual matters to the jury during a criminal trial, including facts concerning [a] defendant’s prior convictions.”
court reluctant to infer intent to deprive court of traditional authority from legislative silence
“ [D]efendant’s judicial admission to his prior convictions established completely the existence of the prior convictions as a factual-and legal matter and relieved the state of its burden to prove their existence during trial”
a judicial admission allows a person to enter a “formal waiver of proof that relieves an oppos- ing party from having to prove the admitted fact and bars the party who made the admission from disputing it” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Durham, Riggs, De Muniz Balmer

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Cited by

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

Cites

15 cases in this archive are cited by this case.

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