State v. Miller

How courts have described this case

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

• explaining that hear- say evidence that is a recorded recollection has “indicia of reliability” that make it admissible
• discussing “whether the trial court as factfinder conducted a separate and distinct analysis of the evidence” to determine whether erroneous joinder was harmless
• distinguishing the making of a “statement” from the making of a “record” and holding that OEC 803(5) requires, at a minimum, that the person making the statement be aware that the statement is being recorded
• a declarant must both know that their statement is being recorded and “act with the intention to bring about the exis- tence of [a] record” to have “made” a record

Source: CourtListener parenthetical corpus (CC0).

Cited by

3 cases in this archive cite this case.

• State v. Garrett
  Court of Appeals of Oregon· 2019-11-27· cited 8×
• State v. Carter
  Court of Appeals of Oregon· 2018-12-05· cited 2×
• State v. Pack
  Court of Appeals of Oregon· 2017-08-16

Cites

12 cases in this archive are cited by this case.

• State v. Gaines
  Oregon Supreme Court· 2009-04-30· cited 1,741×
• Ball v. Gladden
  Oregon Supreme Court· 1968-07-17· cited 849×
• State v. Gibson
  Oregon Supreme Court· 2005-06-03· cited 67×
• State v. Cunningham
  Oregon Supreme Court· 2004-10-21· cited 56×
• Gibson v. Oregon
  Supreme Court· 2005-11-28· cited 40×
• State v. Poston
  Court of Appeals of Oregon· 2016-03-30· cited 33×
• State v. Poston
  Court of Appeals of Oregon· 2017-06-01· cited 30×
• State v. Clardy
  Court of Appeals of Oregon· 2017-07-19· cited 19×
• State v. Meyer
  Court of Appeals of Oregon· 1991-11-13· cited 18×
• State v. Rood
  Court of Appeals of Oregon· 1993-03-03· cited 15×
• State v. Staley
  Court of Appeals of Oregon· 2000-02-09· cited 13×
• State v. Klontz
  Court of Appeals of Oregon· 2013-07-31· cited 7×