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State v. Smith

Citations

  • 55 P.3d 553
  • 184 Or. App. 118
  • 2002 Ore. App. LEXIS 1561

How courts have described this case

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

  • noting that more recent cases “emphasize the underlying purposes of preservation, in particular, fairness and efficiency”
  • noting that “ordinary rules of preservation are somewhat more lax when the case turns on the applicability and construction of a statute”
  • noting that fairness and effi- ciency are among the underlying purposes of preservation
  • addressing proper interplay between preservation principles and mandate of Stull v. Hoke, 326 Or 72, 77, 948 P2d 722 (1997
  • addressing proper interplay between preservation principles and mandate of Stull v. Hoke, 326 Or 72, 77, 948 P2d 722 (1997), that “ ‘[i]n construing a statute, this court is responsible for identifying the correct interpretation, whether or not asserted by the parties’ ”
  • “The problem, of course, is that the cases never have defined precisely what is meant by an ‘issue’ as opposed to a ‘source’ or an ‘argument’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Landau, Presiding Judge, and Deits, Chief Judge, and Brewer, Judge

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

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Sourced from CourtListener / Free Law Project (CC0).

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