40 Or. App. 711 - State v. DeLucia’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. ““The instruction, as requested follows exactly the language of ORS 161.225(1) which delineates the use of physical force in defense of premises. It is, therefore, a correct statement of law insofar as it goes. Its defect lies in its incompleteness. ORS 161.225(1), as repeated in the instruction, allows the use of physical force to prevent or terminate what is reasonably believed to be the commission or attempted commission of a criminal trespass in or upon the premises. Therefore, in order to decide whether the defense was justified, the jury must know what a ‘criminal trespass’ is so that it may determine whether defendant had a reasonable belief that one was indeed committed or imminent.” ( 596 P.2d at 586 ) (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Fitzpatrick v. State

2. ““A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.” ( 596 P.2d at 586 )”

   1 later decision quote this exact passage
   e.g. Fitzpatrick v. State