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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 CourtListener

Cited by

11 cases in this archive cite this case.

Cites

10 cases in this archive are cited by this case.

Other cases with this name

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