State v. Smith

How courts have described this case

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

• concluding that, as used in OEC 609(1), the term “convicted” refers only to a finding of guilt
• concluding that, as used in OEC 609(1), the term \convicted\ refers only to a finding of guilt
• explaining that “[t]he value judgment by the legislature [expressed in OEC 609] was that one who has committed certain forbidden acts may not be as wor- thy of belief as one who abides by the laws”
• discussing former ORS 45.600, which provided for proof of conviction by “record of the judgment,” and holding that the change of reference to “public record” was intended to encompass factual adjudication
• finding clear legislative policy in impeachment statute that impeachment could be based on acts committed, not just judgment of conviction; thus misdemeanor treatment of felony conviction did not preclude impeachment use of conviction
• use of term “punishable” rather than “punished” contributed to conclusion that legislature did not intend impeachment for prior offenses to be limited to those offenses for which there was a formal judgment of conviction

Source: CourtListener parenthetical corpus (CC0).

Cited by

7 cases in this archive cite this case.

• State v. Allison
  Court of Appeals of Oregon· 1996-08-28· cited 44×
• State v. Rodarte
  Court of Appeals of Oregon· 2001-11-21· cited 13×
• State v. Gile
  Court of Appeals of Oregon· 1999-06-16· cited 12×
• State v. Dintelman
  Court of Appeals of Oregon· 1992-04-22· cited 11×
• State v. Phillips
  Oregon Supreme Court· 2021-03-04· cited 9×
• In Re Complaint as to the Conduct of Sonderen
  Oregon Supreme Court· 1987-03-24· cited 6×
• State v. McLean
  Court of Appeals of Oregon· 2017-09-07

Cites

4 cases in this archive are cited by this case.

• Vasquez v. Courtney
  Oregon Supreme Court· 1975-07-03· cited 42×
• State v. Bouthillier
  Court of Appeals of Oregon· 1970-11-02· cited 11×
• State v. Smith
  Court of Appeals of Oregon· 1984-03-07· cited 3×
• State v. Larsen
  Court of Appeals of Oregon· 1980-02-25· cited 2×