State v. Kimbrough

How courts have described this case

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

• explaining that “an individual who assists in or solicits the criminal conduct that will be committed wholly by someone else does not, and does not intend to, personally engage, * * * in the conduct which will constitute the crime” (internal quota- tion marks omitted)
• “attempt,” as described in ORS 161.405, is an “inchoate” offense because it “may result in a conviction even when no substantive crime has been completed”
• “attempt,” as defined in ORS 161.405, is an “inchoate” offense because it “may result in a conviction even when no substantive crime has been completed”
• “[W]e look principally to the draft commentary provided by the Criminal Law Revision Commission to illuminate [the legislature’s intended] mean- ing.”
• “Under Oregon law, liability under ORS 161.155 is a form of liability for ‘conduct of another person constituting a crime,’ not a separate way of committing the crime.”
• “[T]o constitute a substantial step toward commission of the crime, the defendant’s con- duct must (1) advance the criminal purpose charged and (2) provide some verification of the existence of that pur- pose.” (Internal quotation marks omitted.)

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Hubbell
  Court of Appeals of Oregon· 2021-09-29· cited 43×
• State v. Daniel B.
  Supreme Court of Connecticut· 2019-03-05· cited 11×
• State v. Kyger
  Court of Appeals of Oregon· 2020-07-22· cited 10×
• State v. Rapp
  Court of Appeals of Oregon· 2020-08-26· cited 10×
• State v. Kyger
  Oregon Supreme Court· 2022-03-22· cited 10×
• State v. Reyes-Castro
  Court of Appeals of Oregon· 2022-06-08· cited 9×
• State v. Serbin
  Court of Appeals of Oregon· 2023-03-22· cited 9×
• Dorn-Privett v. Brown
  Court of Appeals of Oregon· 2023-12-28· cited 3×
• State v. Allen
  Court of Appeals of Oregon· 2019-02-27· cited 1×
• State v. Thompson
  Court of Appeals of Oregon· 2024-02-07
• United States v. Chavez-Echeverria
  Ninth Circuit· 2026-03-25

Cites

7 cases in this archive are cited by this case.

• State v. Gaines
  Oregon Supreme Court· 2009-04-30· cited 1,741×
• State v. Walters
  Oregon Supreme Court· 1991-01-17· cited 66×
• State v. Woodley
  Oregon Supreme Court· 1988-08-30· cited 48×
• State v. Phillips
  Oregon Supreme Court· 2013-12-27· cited 38×
• State v. Blake
  Oregon Supreme Court· 2010-03-25· cited 28×
• State v. Taylor
  Oregon Supreme Court· 1906-01-02· cited 19×
• State v. Kimbrough
  Court of Appeals of Oregon· 2017-04-26· cited 1×