State v. Freih’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. “"Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when: "(a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and "(b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly out-weigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue." As we have previously explained, "[t]o establish the choice of evils defense under ORS 161.200, defendant had to offer evidence that would be sufficient for the jury to find that: (1) his conduct was necessary to avoid a threatened injury; (2) the threatened injury was imminent; and (3) it was reasonable for him to believe that the need to avoid that injury was greater than the need to avoid the injury that [ ORS 164.043, ORS 164.215, and ORS 164.225 ], the statute[s] that he was found to have violated, seek[ ] to prevent."”

   1 later decision quote this exact passage
   e.g. 289 Or. App. 408 - State v. Paul

2. “[t]o establish the choice of evils defense under ORS 161.200, defendant had to offer evidence that would be sufficient for the jury to find that: (1) his conduct was necessary to avoid a threatened injury; (2) the threatened injury was imminent; and (3) it was reasonable for him to believe that the need to avoid that injury was greater than the need to avoid the injury that [ ORS 164.043, ORS 164.215, and ORS 164.225 ], the statute[s] that he was found to have violated, seek[ ] to prevent.”

   1 later decision quote this exact passage
   e.g. 289 Or. App. 408 - State v. Paul

3. “[i]n order to constitute duress under ORS 161.270, the danger must be 'present, imminent, and impending.' " Boldt , 116 Or. App. at 483 , 841 P.2d 1196 (citing State v. Fitzgerald , 14 Or. App. 361 , 371, 513 P.2d 817 (1973) ). "To show that the injury that the defendant sought to avoid was 'imminent' within the meaning of [either ORS 161.200 or ORS 161.270 ], defendant [is] required to show that the threat of injury existed at the time that defendant committed his offense.”

   1 later decision quote this exact passage
   e.g. 289 Or. App. 408 - State v. Paul