293 Or. App. 340 - State v. Roberts’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. “when the defendant slapped her was insufficient to support a finding of substantial pain). At least some evidence raised the issue of duration and supported defendant's requested instruction. The related question is whether the requested instruction was unnecessary. In Roberts , we concluded that a special instruction was necessary when the record contained evidence from which a factfinder could infer that the victim's pain was”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 812 - State v. Haws

2. “unlikely that jurors would understand, without further instruction, that even pain that is significant in degree generally is not 'substantial pain'-at least, not for purposes of the element of 'physical injury'-if it is only fleeting, i.e. , not substantial in duration .”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 812 - State v. Haws

3. “Substantial pain encompasses both the degree and duration of pain suffered by the victim. Fleeting pain is insufficient. * * * To be substantial, the pain must be ample or considerable and not fleeting or inconsequential.”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 812 - State v. Haws