286 Or. App. 799 - State v. Gray’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We evaluate whether an issue is adequately preserved in light of the underlying purposes of the preservation rule-'to allow the trial court to consider a contention and correct any error, to allow the opposing party an opportunity to respond to a contention, and to foster a full development of the record.' " State v. Gray , 286 Or. App. 799 , 806, 401 P.3d 1241 (2017), rev. den. , 362 Or. 482 , 412 P.3d 199 (2018) (quoting State v. Clemente-Perez , 357 Or. 745 , 752, 359 P.3d 232 (2015) ). "In practical terms, a party's argument to the trial court must be 'specific enough to ensure that the court can identify its alleged error with enough clarity to permit it to consider and correct the error immediately, if correction is warranted.' " Id. (quoting State v. Wyatt , 331 Or. 335 , 343, 15 P.3d 22 (2000) ). "[T]he presence of a 'common thread' between an objection at trial and an argument on appeal does not satisfy the preservation requirement if the two arguments are 'qualitatively different.' " Id. (quoting State v. Gaines , 275 Or. App. 736 , 744, 365 P.3d 1103 (2015) ). Applying those considerations here, we conclude that defendant did not preserve the argument he makes on appeal. Although he did argue that ORS 162.315 requires proof that he "had the conscious objective to create a substantial risk of physical injury”

   1 later decision quote this exact passage
   e.g. 293 Or. App. 697 - State v. Anderson

2. “defraud is to cheat others out of their rightful owner-ship”

   1 later decision quote this exact passage
   e.g. 291 Or. App. 65 - State v. Horton