213 Or. App. 505 - State v. Toth’s Empirical Analysis

Citation profile

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.

1. “"On its face, the rule appears to apply when a party asserts for the first time on appeal that a trial court erred in `giving or refusing to give' an instruction. It thus would bar review of an unpreserved objection regarding an instruction in two possible situations—first, when the court delivered an instruction that a party later contends was erroneous; and second, when the court refused to deliver an instruction that a party requested. By its terms, the rule does not appear to apply when the asserted error is that the trial court failed to deliver an instruction that was not requested but that a party later contends was required by law. "Consistent with what the bare wording of the rule suggests, our cases have held that ORCP 59 H does not preclude review of a trial court's failure to deliver an instruction that was not requested but that the law nevertheless requires. [Citing Pervish ] * * * "* * * [The defendant] argues in this case that, although the instructions that the trial court delivered to the jury were correct as far as they went, they were incomplete in that they failed to refine the meaning of `persistent involvement' by explaining that the jury was required to make subsidiary findings. As in Pervish, we are not precluded from reviewing that contention by ORCP 59 H."”

   1 later decision quote this exact passage
   e.g. 239 Or. App. 44 - State v. Guardipee

2. “"A party may not obtain review on appeal of an asserted error by a trial court in * * * giving or refusing to give an instruction to a jury unless the party who seeks to appeal identified the asserted error to the trial court and made a notation of exception immediately after the court instructed the jury. "”

   1 later decision quote this exact passage
   e.g. 239 Or. App. 44 - State v. Guardipee

3. “challenge[d] the legal sufficiency of one of the jury instructions pertaining to the finding of persistent involvement.”

   1 later decision quote this exact passage
   e.g. 239 Or. App. 44 - State v. Guardipee