Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Oregon Supreme Court· 12/27/2013

State v. Phillips

Citations

  • 354 Or. 598
  • 317 P.3d 236
  • 2013 WL 6842787
  • 2013 Ore. LEXIS 1037

How courts have described this case

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

  • explaining that a jury-concurrence instruction is required when the state advances alternative theories of criminal liability
  • holding that when the state argues that the evidence supports a defendant’s con- viction under either an accomplice or principal theory of lia- bility, the trial court must provide an instruction requiring jury concurrence on a single theory of liability if requested
  • holding that when the state argues that the evidence supports a defendant’s con- viction under either an accomplice or principal theory of lia- bility, the trial court must provide an instruction requiring jury concurrence on a single theory of liability if requested
  • holding error to be harmless where there were not two separate, competing factual theories and where the act and intent necessary for accomplice liability, on the particular facts, subsumed those of principal liability
  • explaining that when “the factual findings neces- sary to find defendant liable on one theory either subsumed or were the same as the factual findings on the other the- ory[,]” the error of not giving a concurrence instruction is harmless
  • looking to criminal common-law context to deter- mine that the term “aided” required intent

Source: CourtListener parenthetical corpus (CC0).

Judges: Kistler

Read full opinion on CourtListener

Cited by

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

Cites

11 cases in this archive are cited by this case.

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.