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← 296 Or. App. 829 - State v. Peirce

296 Or. App. 829 - State v. Peirce’s Empirical Analysis

2019

Citation profile

2
cited by 2 later decisions
1
states following
June 2019
most recently cited

2 state decisions

Relationships

Relies on State v. Lupoli · 191 Or. App. 460 - State v. Bivins · Johnson v. Premo · State v. Gardner · 168 Or. App. 76 - State Ex Rel. Juvenile Department v. Hal

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. “However, an inferred fact 'must be one that a rational factfinder can be convinced follows beyond a reasonable doubt from the underlying facts.' " Id . (quoting Bell , 220 Or. App. at 270 , 185 P.3d 541 ). "Evidence is 'insufficient to support an inference when the conclusion to be drawn from it requires too great an inferential leap-that is, when the logic is too strained,' or when it 'requires the stacking of inferences to the point of speculation.' " Id . (quoting State v. Bivins , 191 Or. App. 460 , 466-68, 83 P.3d 379 (2004) ). "Whether the evidence supports a particular inference is a question of law.”
    1 later decision quote this exact passage
  2. “"[u]nlike in Korth and Shipe , where there was evidence of drugs, stolen property, 'jiggle keys,' and a 'crime committing kit'-evidence that was unrelated to any wrongdoing with the stolen vehicles in those cases-here, * * * the 'brute forced' ignition, the removal of the license plate, the alterations to the moped's appearance, the 'highly suspicious' bill of sale, and the 'very cheap' price would permit a factfinder to logically infer that defendant actually knew that this moped was stolen because that evidence indicates that the moped itself was stolen."”
    1 later decision quote this exact passage
  3. “that the vehicle was stolen, in part, because the interior had been stripped, wires hung from where the stereo had been, and the vehicle had out-of-state license plates). Third and finally, defendant was in possession of a notebook that had been used to write the purported bill of sale for the Subaru that would help”
    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.