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State v. Witherspoon

Citations

  • 250 Or. App. 316
  • 280 P.3d 1004
  • 2012 WL 2021872
  • 2012 Ore. App. LEXIS 730

How courts have described this case

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

  • concluding that defendant’s physical and emotional abuse throughout the course of the night was “continuous and uninterrupted”
  • clarifying that crimes will be deemed as having arisen from the same criminal episode upon satisfying either of the two tests
  • applying the Boyd test in the context of criminal sentencing history
  • “[T]o accept that defendant’s criminal objective changed over the course of the [domestic] abuse would improperly parse defendant’s criminal objective.”
  • “[W]hen a defendant’s multiple convictions stem from the same criminal episode, his criminal history score remains the same with respect to all of those convictions.” (Internal quotation marks omitted.)
  • the defendant’s multiple acts of domestic abuse that took place in various rooms in the victim’s residence shared a single criminal objective of harassing and injuring the victim over the course of the night

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong, Edmonds, Haselton

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

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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.