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State v. Ness

Citations

  • 149 P.3d 1212
  • 341 Or. 141
  • 2006 Ore. LEXIS 705

How courts have described this case

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

  • holding that, in a bench trial, an MJOA is not necessary to preserve a claim of error concerning the legal sufficiency of the state’s evidence “as long as a defendant clearly raises the issue in closing argument”
  • distinguishing Warner and holding that hospital setting was compelling, in part, because the police officer told the defendant that he could be arrested for refusing to cooperate with questioning
  • whether an officer subjectively believed that he had probable cause for an arrest is a question of fact
  • a defendant can preserve a claim that the evidence is legally insufficient for conviction by raising that argument to the trial court without a motion for a judgment of acquittal
  • “[w]e do not read statutes in isolation” but, instead, consider them in context

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Cited by

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.