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← 315 Or. 359 - State v. Adams

State v. Adams’s Empirical Analysis

1993

Citation profile

8
cited by 8 later decisions
1
states following
February 2008
most recently cited

8 state decisions

Relationships

Relies on Bartz v. State of Oregon · Kankkonen v. HENDRICKSON · Porter v. Hill · Boone v. Wright · State v. McDonnell

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

  1. “"Generally, I see no reason why a criminal defendant should not be permitted to stipulate to virtually anything that he or she chooses as a result of plea discussions. A defendant may plead guilty to the charge. Indeed, a defendant even may plead guilty to aggravated murder, which might result in a sentence of death. A defendant may waive his or her state and federal constitutional rights to counsel, trial, jury, confrontation, and cross-examination. A defendant may stipulate to the admissibility of otherwise inadmissible evidence. A defendant intentionally may fail to raise an otherwise valid objection at trial and, thus, waive the right to raise the issue on appeal. The parties may stipulate to facts. State v. Lyon, 304 Or. 221, 231 , 744 P.2d 231 (1987). Why, then, shouldn't he or she be permitted to stipulate to other things? "Of course, the parties may not stipulate to certain things, such as to the jurisdiction of the court, see, e.g., State v. Miner, 218 Or. 502, 504 , 342 P.2d 773 (1959) (if the court has lost jurisdiction, the parties could not, by stipulation, confer such jurisdiction), or that a defendant could be sentenced to a term of imprisonment beyond the statutory maximum sentence prescribed by law. Generally, the parties may not stipulate as to the law.”
    2 later decisions quote this exact passage · from the concurrence
  2. “[t]he sentencing court failed to comply with requirements of law in imposing or failing to impose a sentence.”
    1 later decision quote this exact passage
  3. “and are enforceable so long as they are approved by the court and do not violate public policy.”
    1 later decision quote this exact passage · from the concurrence

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.