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Walker v. State

Citations

  • 256 Or. App. 697
  • 302 P.3d 469
  • 2013 WL 2250587
  • 2013 Ore. App. LEXIS 556

How courts have described this case

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

  • concluding that the petitioner was not required to preserve an issue where purported error appeared for the first time in the judgment because “petitioner had no rea- son to know that [the judgment]” would include the asserted error
  • “The dictates of preservation do not apply * * * where a party has no practical ability to object to the purported error before entry of judgment”
  • “The dictates of preser- vation do not apply—and, hence, the ‘plain error’ construct is inapposite—where a party has no practical ability to object to the purported error before entry of judgment.”
  • when a judgment fails to comply with ORS 138.640(1) as construed by Datt, “we must reverse and remand for the court to enter a judgment that includes findings complying with ORS 138.640(1)”
  • when a judgment fails to comply with ORS 138.640(1), as elucidated in Datt, the judgment is “fatally deficient” in that regard and “we must reverse and remand for the court to enter a judgment that includes findings complying with ORS 138.640(1)”
  • when a judgment fails to comply with ORS 138.640(1), as elucidated in Datt, the judgment is “fatally deficient in that regard” and “we must reverse and remand for the court to enter a judgment that includes findings complying with ORS 138.640(1)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer, Haselton, Tempore

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

6 cases in this archive are cited by this case.

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