153 Or. App. 601 - State v. Reiland’s Empirical Analysis
1998
Citation profile
2
cited by 2 later decisions
1
states following
February 2011
most recently cited
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Here, we do not agree that proof that defendant `allowed children to stay' and `permitted children to remain' require proof of different elements. We note at the outset that `allow' and `permit' are synonyms. Webster's Third New Int'l Dictionary 58, 1683 (unabridged ed. 1993), as are `stay' and `remain,' Id. at 2231, 1919. We have previously construed the word `permit' and required that `[b]efore one can be said to "permit" something, one must have authority to forbid it.' State v. Pyritz, 90 Or.App. 601, 605 , 752 P.2d 1310 (1988) (construing ORS 167.222(1)). The state argues that the child neglect prohibition against allowing a child to stay in a place where drugs are sold or used requires proof that the person has authority over the child, while the child endangerment prohibition against permitting a child to remain requires proof that the person has authority over the place. That is a distinction without a difference. The owner of the place where drugs are being sold or used has authority over the child by virtue of the person's ownership of the place, just as others have authority over the child by virtue of their positions as parent, guardian, teacher, or public official. "”
1 later decision quote this exact passage“as used in ORS 163.575, concerning endangering the welfare of a minor. That statute provides in pertinent part that a person commits the crime of endangering the welfare of a minor if the person knowingly”
1 later decision quote this exact passage“allow[ing] the child to stay * * * on premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.