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Court of Appeals of Oregon· 7/24/2013

State v. Whitmore

Citations

  • 257 Or. App. 664
  • 307 P.3d 552
  • 2013 WL 3818147
  • 2013 Ore. App. LEXIS 890

How courts have described this case

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

  • stating that the purpose of preservation is “to advance goals such as ensuring that the positions of the parties are presented clearly to the initial tribunal and that parties are not taken by surprise, misled, or denied opportunities to meet an argument” (internal quotations omitted)
  • one consideration in harmlessness analysis is “whether the finder of fact would have regarded the evidence as duplicative, cumulative, or unhelpful in its deliberations”
  • erro- neously admitted evidence that relates to a central factual issue is more likely to have affected the jury’s determina- tion
  • erro- neously admitted evidence that relates to a central factual issue is more likely to have affected the jury’s determina- tion
  • where no Brown/O’Key foundation was laid, “if the expert testimony constitutes scientific evidence, the trial court erred in admitting that testimony”; reversing and remanding after concluding that the challenged evidence was scientific
  • we will consider a party’s assignment of error on appeal when that party raised the issue below with enough particularity to permit the trial court to identify and to correct its alleged error immediately

Source: CourtListener parenthetical corpus (CC0).

Judges: Nakamoto, Schuman, Wollheim

Read full opinion on CourtListener

Cited by

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

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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.