138 Or. App. 247 - State v. Thompson’s Empirical Analysis

Citation profile

4 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. “[i]f defendant makes restitution for the loss covered by the civil judgment, 'the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.' " 5 Id. (quoting ORS 137.109(1) ). That is, notwithstanding that claim preclusion would have likely precluded a subsequent civil action by the victim in Hull , we concluded that the state was entitled to seek, and the trial court was authorized to impose, restitution on the defendant, as long as the process for crediting payments provided for by ORS 137.109(1) was followed. In Thompson , we reaffirmed the conclusion that we reached in Hull , again recognizing "that a trial court may order restitution even after a civil judgment has been entered so long as the defendant is credited for amounts previously paid.”

   1 later decision quote this exact passage
   e.g. 295 Or. App. 370 - State v. Manwiller

2. “unclear to us how requiring [the] defendant to pay an amount that it has been determined that she does not owe serves the policies of rehabilitation and deterrence expressed by ORS 137.106.”

   1 later decision quote this exact passage
   e.g. 295 Or. App. 370 - State v. Manwiller

3. “legislature intended under the criminal restitution statutes to limit the amount of restitution awarded to the amount of pecuniary loss determined in the previous administrative hearing.”

   1 later decision quote this exact passage
   e.g. 295 Or. App. 370 - State v. Manwiller