· 4/26/2017
State v. Hogeland
Citations
- 285 Or. App. 108
- 395 P.3d 960
- 2017 WL 1489032
- 2017 Ore. App. LEXIS 531
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- vacating as ultra vires a Board decision issued without jurisdiction and dismissing appeal
- vacating a Board decision issued after a veteran’s death and dismissing appeal
- “‘[A]ny statutory tribunal must ensure that it has jurisdiction over each case before adjudicating the merits ....’” (quoting Barnett v. Brown, 83 F.3d 1380, 1383 (Fed.Cir.1996) (emphasis in Barnett))
- BVA does not have jurisdiction over appeal when claimant dies during the appeals process
- “[T]he Court always has jurisdiction to determine its jurisdiction over a case.”
- BVA ruling on appeal of deceased claimant constitutes erroneous assertion of jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Dehoog, Flynn, Sercombe, Tempore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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.