State v. Spring

How courts have described this case

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

• holding that rape and sexual abuse guilty verdicts do not merge under ORS 161.067(1) because each offense contains an element that the other does not
• holding that offenses of rape and first-degree sexual abuse have different elements and therefore do not merge under ORS 161.067
• noting that merger and jury instruction issues are essentially the same and holding that rape and sexual abuse offenses did not merge
• imputing analysis of a case decided under former ORS 161.062, to a case under ORS 161.067 because both laws were drafted in 1985, began as identically worded proposals, and “the relevant text of the two statutes is identical”
• because the defendant’s sexual abuse convictions and his rape convictions “each * * * require [d] proof of an element” that the other did not, ORS 161.067(1) was applicable and precluded the merger of those convictions (emphasis added)
• convictions did not merge where defendant violated multiple statutory provisions

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• State v. Simon
  Court of Appeals of Oregon· 2018-11-15· cited 34×
• State v. Sanders
  Court of Appeals of Oregon· 2003-08-06· cited 27×
• Cunningham v. Thompson
  Court of Appeals of Oregon· 2003-02-05· cited 25×
• State v. O'Hara
  Court of Appeals of Oregon· 2012-07-18· cited 10×
• People v. Fox
  California Court of Appeal· 2001-10-30· cited 9×
• State v. Raygosa
  Court of Appeals of Oregon· 2022-06-08· cited 7×
• State v. McCloud
  Court of Appeals of Oregon· 2001-10-31· cited 6×
• State v. Gerig
  Court of Appeals of Oregon· 2019-06-05· cited 6×
• State v. Moore
  Court of Appeals of Oregon· 2002-11-27· cited 6×
• State v. Williams
  Court of Appeals of Oregon· 2009-06-10· cited 5×
• State v. Marks
  Court of Appeals of Oregon· 2022-05-18· cited 5×
• State v. Carlton
  Court of Appeals of Oregon· 2025-01-08· cited 5×

Cites

7 cases in this archive are cited by this case.

• State Ex Rel. Huddleston v. Sawyer
  Oregon Supreme Court· 1997-02-21· cited 171×
• State v. Cloutier
  Oregon Supreme Court· 1979-06-12· cited 135×
• State v. Crotsley
  Oregon Supreme Court· 1989-08-29· cited 107×
• Sawyer v. Oregon ex rel. Huddleston
  Supreme Court· 1997-12-01· cited 78×
• State v. Wright
  Court of Appeals of Oregon· 1997-09-24· cited 18×
• State v. Reiland
  Court of Appeals of Oregon· 1998-04-22· cited 11×
• State v. Dilts
  Court of Appeals of Oregon· 1977-02-08· cited 11×