Oregon Supreme Court· 6/27/2006
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).
Cited by
22 cases in this archive cite this case; the 20 most cited are listed.
- State v. Moore/CoenOregon Supreme Court· 2010-12-16· cited 38×
- State v. AtwoodCourt of Appeals of Oregon· 2024-05-08· cited 24×
- State v. SimonsCourt of Appeals of Oregon· 2007-09-05· cited 17×
- State v. TaylorCourt of Appeals of Oregon· 2015-05-20· cited 10×
- State v. MacKCourt of Appeals of Oregon· 2008-04-02· cited 7×
- State v. LowellCourt of Appeals of Oregon· 2015-12-09· cited 7×
- State v. TaylorCourt of Appeals of Oregon· 2011-12-21· cited 6×
- State v. SaundersCourt of Appeals of Oregon· 2007-02-14· cited 6×
- T. L. A. v. VierraCourt of Appeals of Oregon· 2019-01-03· cited 6×
- State v. ArneyCourt of Appeals of Oregon· 2010-01-06· cited 6×
- State v. OrcuttCourt of Appeals of Oregon· 2016-08-31· cited 6×
- Holloway v. GowerCourt of Appeals of Oregon· 2009-01-07· cited 5×
- State v. SawyerCourt of Appeals of Oregon· 2008-07-23· cited 5×
- State v. HedgpethCourt of Appeals of Oregon· 2018-02-22· cited 3×
- State v. EarlsCourt of Appeals of Oregon· 2011-11-16· cited 2×
- State v. SerafinCourt of Appeals of Oregon· 2011-03-02· cited 2×
- State v. Gonzalez-ValenzuelaCourt of Appeals of Oregon· 2013-08-21· cited 2×
- State v. NelsonCourt of Appeals of Oregon· 2014-06-11· cited 2×
- State v. Giron-CortezCourt of Appeals of Oregon· 2022-10-05· cited 2×
- State v. PowellCourt of Appeals of Oregon· 2024-11-14· cited 2×
Sourced from CourtListener / Free Law Project (CC0).
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