Court of Appeals of Oregon· 5/3/2023
State v. Perkins
Citations
- 325 Or. App. 624
- 529 P.3d 999
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the failure to submit a required element of an offense to the jury is a federal con- stitutional error” and to affirm in such a circumstance “we must be able to conclude that the error is harmless beyond a reasonable doubt”
- observing that the failure to submit a required element of an offense to the jury is a federal constitutional error, so, at least where the error is preserved, the standard for harmless error is beyond a reasonable doubt
- applying federal constitutional harm- less error standard to a preserved claim challenging the failure to instruct on the property-value element of theft
- discussing rationale for treating culpable mental state as criminal negligence where neither party argues for a higher culpable mental state
- applying federal constitutional harm- less error standard to a preserved claim challenging the failure to instruct on the property-value element of theft
- applying federal con- stitutional harmless error standard to a preserved claim challenging the failure to instruct on the property-value element of theft
Source: CourtListener parenthetical corpus (CC0).
Judges: Lagesen
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- State v. HortonCourt of Appeals of Oregon· 2023-07-26· cited 98×
- State v. WesleyCourt of Appeals of Oregon· 2023-06-22· cited 9×
- State v. AcreeCourt of Appeals of Oregon· 2025-02-20· cited 8×
- State v. DyeCourt of Appeals of Oregon· 2023-11-08· cited 6×
- State v. MoralesCourt of Appeals of Oregon· 2023-05-24· cited 5×
- State v. NightingaleCourt of Appeals of Oregon· 2024-02-22· cited 3×
- State v. BrosyCourt of Appeals of Oregon· 2023-06-28· cited 2×
- State v. SniderCourt of Appeals of Oregon· 2025-11-26· cited 1×
- State v. NagyCourt of Appeals of Oregon· 2025-12-31· cited 1×
- State v. BessonCourt of Appeals of Oregon· 2024-05-08
- State v. AcostaCourt of Appeals of Oregon· 2023-05-03
Cites
10 cases in this archive are cited by this case.
- Neder v. United StatesSupreme Court· 1999-06-10· cited 5,157×
- State v. BrayOregon Supreme Court· 2007-06-01· cited 64×
- State v. ShedrickOregon Supreme Court· 2022-10-06· cited 38×
- State v. HillOregon Supreme Court· 1984-12-04· cited 31×
- State v. JonesCourt of Appeals of Oregon· 2008-11-12· cited 29×
- State v. ProphetCourt of Appeals of Oregon· 2022-03-16· cited 28×
- State v. Chang Hwan ChoOregon Supreme Court· 1984-05-30· cited 26×
- State v. StowellCourt of Appeals of Oregon· 2020-05-06· cited 18×
- State v. BoggsCourt of Appeals of Oregon· 2023-02-01· cited 6×
- State v. PerkinsCourt of Appeals of Oregon· 2021-09-22· cited 2×
Sourced from CourtListener / Free Law Project (CC0).
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