State v. Langan

How courts have described this case

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

• noting that “expungement” is a “misnomer” because an order pursuant to ORS 137.225 “is not designed to ‘rewrite history’ and deny the occurrence of an event but to limit the purposes for which official records may be used to exhume that past event”
• “The applicant has the burden to prove by a preponderance of the evidence any disputed affirmative fact required by the statute.”
• use of word “shall” in statute providing for trial court order setting aside conviction indicated that, if statutory criteria were met, trial court was required to enter the requested order
• one of the “preconditions for a motion to set aside a conviction” is that “the applicant must have ‘fully complied with and performed the sentence of the court’ ”
• the constitutional right against self-incrimination adheres in any proceeding, judicial or nonjudicial, where “the state seeks to compel testimony that may be used against the witness in a criminal prosecution.”
• one of the “preconditions for a motion to set aside a conviction” is that “the applicant must have ‘fully complied with and performed the sentence of the court’ ”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• State v. Fish
  Oregon Supreme Court· 1995-04-27· cited 76×
• State v. Burke
  Court of Appeals of Oregon· 1991-09-25· cited 36×
• State v. K. P.
  Oregon Supreme Court· 1996-08-01· cited 24×
• State v. Tenbusch
  Court of Appeals of Oregon· 1994-12-14· cited 19×
• State v. Branam
  Court of Appeals of Oregon· 2008-05-28· cited 15×
• In Re Complaint as to the Conduct of Germundson
  Oregon Supreme Court· 1986-09-03· cited 11×
• 7455 Inc. v. Oregon Liquor Control Commission
  Oregon Supreme Court· 1990-11-08· cited 5×
• Patterson v. Foote
  Court of Appeals of Oregon· 2009-02-25· cited 5×
• State v. Stanford
  Court of Appeals of Oregon· 1992-02-26· cited 5×
• State v. Long-Ellis
  Court of Appeals of Oregon· 2024-01-31· cited 5×
• State v. Kindred
  Court of Appeals of Oregon· 2021-09-09· cited 5×
• State v. A. R. H.
  Court of Appeals of Oregon· 2021-09-22· cited 5×
• State v. Singleton
  Court of Appeals of Oregon· 2022-01-12· cited 5×
• State v. Bomar
  Court of Appeals of Oregon· 1986-05-21· cited 4×
• State v. Coughlin
  Court of Appeals of Oregon· 2013-10-09· cited 4×
• State v. Sylva
  Court of Appeals of Oregon· 2021-09-22· cited 4×
• State v. Smith
  Court of Appeals of Oregon· 1992-12-23· cited 3×
• State v. Grant
  Court of Appeals of Oregon· 2025-04-09· cited 3×
• State v. J. N. L.
  Court of Appeals of Oregon· 2015-02-04· cited 2×
• State v. Mende
  Court of Appeals of Oregon· 1986-12-17· cited 1×

Cites

5 cases in this archive are cited by this case.

• Counselman v. Hitchcock
  Supreme Court· 1892-01-11· cited 1,118×
• McCarthy v. Arndstein
  Supreme Court· 1924-10-20· cited 393×
• State v. Hammond
  Court of Appeals of Oregon· 1978-06-20· cited 8×
• State v. Langan
  Oregon Supreme Court· 1982-10-26· cited 6×
• State v. Green
  Court of Appeals of Oregon· 1977-05-02· cited 6×