State v. Merrill

How courts have described this case

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

• explaining that merger is precluded when it “is possible to prove the elements of an [offense], without also and necessarily proving all elements of” another offense (emphasis in original)
• explaining that merger is precluded when it “is possible to prove the elements of an [offense], without also and necessarily proving all elements of” another offense (emphasis in original)
• declining to withdraw prior opinion where court reversed convictions and remanded for a new trial, and the opinion addressed merger of the reversed counts, which could arise again on remand
• “Even when a disposi- tion obviates the need to address an assignment of error, we may nevertheless address questions of law that may still be at issue after the case is remanded.”
• “Even when a disposition obviates the need to address an assignment of error, we may nevertheless Cite as 311 Or App 322 (2021) 325 address questions of law that may still be at issue after the case is remanded.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• State v. Horton
  Court of Appeals of Oregon· 2023-07-26· cited 98×
• State v. Parra-Sanchez
  Court of Appeals of Oregon· 2023-03-22· cited 13×
• State v. Serbin
  Court of Appeals of Oregon· 2023-03-22· cited 9×
• State v. Yerton
  Court of Appeals of Oregon· 2022-02-16· cited 7×
• K. E. B. v. Bradley
  Court of Appeals of Oregon· 2023-07-12· cited 7×
• Ingle v. Matteucci
  Court of Appeals of Oregon· 2021-10-27· cited 6×
• State v. Bradley
  Court of Appeals of Oregon· 2021-03-10· cited 5×
• State v. Benton
  Court of Appeals of Oregon· 2022-02-09· cited 5×
• State v. Jackson
  Court of Appeals of Oregon· 2021-08-04· cited 4×
• State v. Johnson
  Court of Appeals of Oregon· 2025-01-23· cited 3×
• State v. Johnson
  Court of Appeals of Oregon· 2025-05-14· cited 3×
• City of Portland v. Kessler
  Court of Appeals of Oregon· 2024-08-07· cited 1×
• State v. Damper
  Court of Appeals of Oregon· 2021-05-12

Cites

6 cases in this archive are cited by this case.

• State v. Flores Ramos
  Oregon Supreme Court· 2020-12-24· cited 218×
• State v. Ulery
  Oregon Supreme Court· 2020-06-04· cited 143×
• Westwood Construction Co. v. Hallmark Inns & Resorts, Inc.
  Court of Appeals of Oregon· 2002-07-17· cited 29×
• State v. Merrill
  Court of Appeals of Oregon· 2020-03-18· cited 19×
• State v. McFeron
  Court of Appeals of Oregon· 2000-03-08· cited 9×
• Oregon Occupational Safety & Health Division v. Roseburg Lumber Co.
  Court of Appeals of Oregon· 1997-11-19· cited 5×