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Court of Appeals of Oregon· 10/22/2014

State v. Lewis

Citations

  • 266 Or. App. 523
  • 337 P.3d 199
  • 2014 Ore. App. LEXIS 1443

How courts have described this case

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

  • concluding that, “even if a trier of fact could infer that the hair-pulling caused the victim some pain, there is no evidence in the record that the degree or duration of the pain was sufficient to constitute ‘substantial pain’” (emphasis in original)
  • where alleged harm was the loss of a clump of hair, noting lack of bleeding or broken skin as demonstrating that skin’s function was not impaired
  • even if factfinder could infer that hair being pulled from victim’s head caused her some pain, no evidence that degree or duration was sufficient to constitute substantial pain
  • “[E]ven if a trier of fact could infer that the hair-pulling caused the victim some pain, there is no evidence in the record that the degree or duration of the pain was sufficient to constitute ‘substantial pain.’ ”
  • insufficient evidence of “substantial pain” where the victim, who had her hair pulled out by the defendant, did not testify that she felt pain and there were no physical signs from which it could be inferred that she had suffered substantial pain
  • “[E]ven if a trier of fact could infer that the hair-pulling caused the victim some pain, there is no evidence in the record that the degree or duration of the pain was sufficient to constitute ‘substantial pain[.]’” (Emphasis in original.)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hadlock, Sercombe, Tookey

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

14 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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