166 Or. App. 94 - Long v. Armenakis’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. “'The touchstone is not whether a particular question is settled , but whether it reasonably is to be anticipated so that it can be raised and settled accordingly. The more settled and familiar a constitutional or other principle on which a claim is based, the more likely the claim reasonably should have been anticipated and raised. Conversely, if the constitutional principle is a new one, or if its extension to a particular statute, circumstance, or setting is novel, unprecedented, or surprising, then the more likely the conclusion that the claim reasonably could not have been raised.'”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 617 - Perez v. Cain

2. “'whether an issue reasonably could be anticipated and raised does not depend-at least not in a per se way-on whether the issue has been definitively resolved by the courts.' Rather, the question whether a claim reasonably could have been raised earlier will vary with the facts and circumstances of each claim.”

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

3. “to adopt a standard of actual knowledge for a person who forgoes legal representation or advice and remains, by his own choice, ignorant of possible grounds for seeking post-conviction relief.”

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