Coley v. Morrow’s Empirical Analysis

Citation profile

2 state decisions

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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.

1. “From a purely textual standpoint, the phrase “15, 16 or 17 years of age at the time the offense is committed” in ORS 137.707 is, as the trial court recognized, arguably susceptible to both a broad and a narrow reading. Text, however, cannot be viewed in isolation, but must be considered in light of the statutory framework into which a particular provision is enacted as well as the preexisting common law. * * * The common law, as noted, treats each day as an indivisible whole. Moreover, nothing in ORS 137.707, or the Oregon Criminal Code generally, alters or in any way limits that rule’s general applicability for purposes of determining whether a person is or is not 15 years of age under ORS 137.707. * * * In short, viewed in context, the intent underlying ORS 137.707 was to incorporate — not reject — the common-law “indivisible-day” principle. Petitioner nevertheless argues that, as a matter of policy, we should eschew the common-law rule in favor of one permitting a defendant to prove, as an affirmative defense to liability under ORS 137.707, that his or her exact moment of birth was later in the day than the moment in which the crime was committed. We are not free, however, to embrace as a matter of policy something that is contrary to the intent underlying ORS 137.707 as established by that statute’s text and context. Moreover, petitioner’s argument in that regard is one based on the prudential, not jurisdictional, application of ORS 137.707 and cannot provide a basis for ”

   1 later decision quote this exact passage
   e.g. 181 Ohio App. 3d 132 - State v. Yarger