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← 296 Or. App. 580 - State v. Plueard

296 Or. App. 580 - State v. Plueard’s Empirical Analysis

2019

Citation profile

6
cited by 6 later decisions
1
states following
June 2019
most recently cited

6 state decisions

Relationships

Relies on State v. Brown · State v. Henley · State v. Marrington · In Re Complaint as to the Conduct of Jagger · State v. King

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. “"When the Supreme Court remanded for further proceedings in [ State v. Henley , 363 Or. 284 , 422 P.3d 217 (2018) ], it suggested that the parties might-on remand-develop 'the evidentiary record concerning admissibility' of the proffered grooming evidence and that the trial court could then determine, in the first instance, whether the state had established the scientific validity of that evidence. It appears that, under Henley , the trial court has that option in this case on remand. If it determines that the evidence was, after all, admissible, then no new trial will be necessary."”
    1 later decision quote this exact passage
  2. “held that-at least as offered in the context of the trial in that case-evidence about sexual grooming of children 'was scientific evidence under OEC 702 ' that could not be admitted 'without first requiring the state to establish its scientific validity.' " State v. Plueard , 296 Or. App. 580 , 582, 439 P.3d 556 , adh'd to as modified on recons. , 297 Or. App. 592 , 443 P.3d 1195 (2019) (quoting Henley , 363 Or. at 304 , 422 P.3d 217 ). Like the evidence in Henley , defendant argues, Yerrick's testimony "was impliedly based in science.”
    1 later decision quote this exact passage
  3. “[t]hat phrasing itself [could] evoke, at least in certain contexts, a kind of scientific air, as it suggests the existence of a recognized pattern of conduct that has been determined to have particular significance.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.