174 Or. App. 307 - Elkins 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. “[U]nlike a proceeding for termination of parental rights, in which the state brings the direct weight of its power to bear on parents who risk losing the fundamental right of parenthood, petitioner has been convicted of a crime in an underlying proceeding. In contrast to the challenge of the defending parent in Geist , petitioner's motion did not address the performance of counsel in the underlying proceeding that resulted in a deprivation of his liberty interests. Here, unlike in the criminal proceeding, petitioner is the party who is ultimately responsible for prosecuting the action. In sum, this is a collateral civil proceeding, in which petitioner is the party seeking relief. The Geist rationale is not controlling here merely because petitioner, like the parent in Geist , also has a statutory right to suitable counsel.”

   1 later decision quote this exact passage
   e.g. 176 Or. App. 500 - Miller v. Baldwin

2. “(4) In the order to proceed as an indigent person, the circuit court shall appoint suitable counsel to represent petitioner. Counsel so appointed shall represent petitioner throughout the proceedings in the circuit court.”

   1 later decision quote this exact passage
   e.g. 176 Or. App. 500 - Miller v. Baldwin

3. “suitable counsel possessing skills and experience commensurate with the nature”

   1 later decision quote this exact passage
   e.g. 176 Or. App. 500 - Miller v. Baldwin