Oregon Supreme Court· 12/20/2007

State v. McDonnell

Citations

176 P.3d 1236
343 Or. 557

How courts have described this case

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

noting that disqualification law “does not oust courts of their jurisdiction, but simply requires that another judge be called to preside in the same court” (inter- nal quotation marks omitted)
refusing to consider an error under ORAP 5.45(1) because the record was subject to competing inferences
relying on court’s rea- soning in cases concerning the acts of de facto judges to bol- ster its conclusion that judgment entered by judge who had been disqualified was merely voidable but not void
rejecting the defendant’s arguments under the Sixth Amendment where the defendant “failed to demonstrate that the delay in his death penalty proceedings has created a reasonable possibility of prejudice” under Article I, section 10
“[A] void judgment is subject to collateral attack, while a voidable judgment is subject only to direct attack.” (Internal quotation marks omitted; emphasis in original.)
doctrine of stare decisis does not require deference to prior case holdings when those cases did not involve and determine precise issue presented by case at bar

Source: CourtListener parenthetical corpus (CC0).

Judges: De Muniz, Carson, Gillette, Durham, Balmer

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Cited by

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

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

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