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Oregon Supreme Court· 1/6/1988

Tarwater v. Cupp

Citations

  • 748 P.2d 125
  • 304 Or. 639

How courts have described this case

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

  • refusing to address on review argument different from one made before Court of Appeals
  • having argued and lost in the Court of Appeals on the ground that an instruction was correct, the state could not shift position in the Supreme Court and argue that the instruction was harmless
  • on appeal, party seeking affirmance may change its argument and claim that lower court was right for the wrong reason
  • petitioner in Supreme Court “cannot shift or change his position and argue or raise an issue that was not before the Court of Appeals”
  • a petitioner in this court cannot shift or change position on review and argue or raise an issue that was not before the Court of Appeals
  • party cannot seek to reverse the Court of Appeals decision on a ground not raised in that court

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Gillette, Carson, Peterson, Jones

Read full opinion on CourtListener

Cited by

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

Cites

16 cases in this archive are cited by this case.

Other cases named Tarwater v. Cupp

1 other CourtListener record shares this case 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.