State v. O'NEAL

How courts have described this case

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

• noting that Oregon has adopted “the general rule that the sentencing authority of a court exists solely by virtue of a statutory grant of power and therefore cannot be exercised in any manner not specifi- cally authorized”
• noting that Oregon has adopted “the general rule that the sentencing authority of a court exists solely by virtue of a statutory grant of power and therefore cannot be exercised in any manner not specifically authorized”
• noting that Oregon has adopted “the general rule that the sentencing authority of a court exists solely by virtue of a statutory grant of power and therefore cannot be exercised in any manner not specifically authorized” (citing State v. Cotton, 240 Or 252, 400 P2d 1022 (1965)
• no tolling of the probationary period by the consequences of defendant’s con- duct since such an extension would need to be specifically authorized by statute
• “[A] court is without authority to revoke probation for a crime committed during the probationary period when revocation proceedings have not been initiated before the probationary period has expired.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• Smith v. Cook
  Utah Supreme Court· 1990-11-29· cited 44×
• State v. Braughton
  Court of Appeals of Oregon· 1977-03-28· cited 30×
• People v. Gore
  Supreme Court of Colorado· 1989-05-30· cited 17×
• State v. Berglund
  Court of Appeals of Oregon· 2021-05-12· cited 11×
• State v. Stuve
  Court of Appeals of Oregon· 1992-02-12· cited 7×
• State v. Vanlieu
  Court of Appeals of Oregon· 2012-07-25· cited 7×
• Galaktionoff v. State
  Court of Appeals of Alaska· 1987-03-06· cited 5×
• State v. Hultman
  Court of Appeals of Washington· 1978-11-16· cited 4×
• State v. Granberry
  Court of Appeals of Oregon· 2013-12-18· cited 4×
• State v. Smith
  Court of Appeals of Oregon· 1989-09-27· cited 2×
• State v. LaCross
  Court of Appeals of Oregon· 1976-06-21

Cites

4 cases in this archive are cited by this case.

• State v. Ludwig
  Oregon Supreme Court· 1959-10-07· cited 35×
• State v. Cotton
  Oregon Supreme Court· 1965-04-14· cited 21×
• State v. Duncan
  Court of Appeals of Oregon· 1973-10-22· cited 16×
• Bryant v. State
  Oregon Supreme Court· 1963-02-20· cited 11×