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· 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 CourtListener

Sourced 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.