131 Or. App. 356 - Brown v. Baldwin’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Given the specific nature of Bartz's claim, the issue becomes whether the extant statutes pertaining to a particular criminal offense constitute information that is reasonably available to a defendant convicted of that offense. It is a basic assumption of the legal system that the ordinary means by which the legislature publishes and makes available its enactments are sufficient to inform persons of statutes that are relevant to them . See Dungey v. Fairview Farms, Inc. , 205 Or. 615 , 621, 290 P.2d 181 (1955) (every person is presumed to know the law). Accordingly, we hold that the relevant statutes were reasonably available to Bartz when his conviction became final. The failure of Bartz's counsel to advise him of all available statutory defenses thus is not a 'ground[ ] for relief * * * which could not reasonably have been raised' timely."”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 621 - Hernandez-Zurita v. State

2. “Bartz makes it clear that the applicability of the escape clause turns on whether the information existed or was reasonably available to the petitioner , and not on whether the petitioner's failure to seek the information was reasonable.”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 621 - Hernandez-Zurita v. State