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Petitions for Review

Oregon Supreme Court
Jul 1, 2003
335 Or. 504 (Or. 2003)

Summary

holding that error, in general, must be determined by the law existing at the time the appeal is decided, and not as of the time of trial

Summary of this case from State v. Gaines

Opinion

July 1, 2003


ALLOWED


Summaries of

Petitions for Review

Oregon Supreme Court
Jul 1, 2003
335 Or. 504 (Or. 2003)

holding that error, in general, must be determined by the law existing at the time the appeal is decided, and not as of the time of trial

Summary of this case from State v. Gaines

holding that whether error is "apparent" is determined by reference to the law as of the time the appeal is decided

Summary of this case from In the Court of Appeals of State v. Ramos

holding that whether error is “apparent” is determined by reference to the law as of the time the appeal is decided

Summary of this case from State v. Ramos

holding that “plain error” is determined by reference to the law existing at the time the appeal is decided

Summary of this case from State v. Hutton

stating that, on appeal, we apply the current law, not the law as it existed at the time of the appealed decision

Summary of this case from State v. Igo

explaining that we determine error based on the law as it existed at the time of the appellate decision, not at the time of the disputed ruling, and acknowledging the "ostensibly incongruous results" by using that approach

Summary of this case from State v. Tow

explaining that we apply the law in effect at the time of appeal

Summary of this case from Dep't of Human Servs. v. B. F. (In re P. F.)

explaining that we determine error based on the law as it existed at the time of the appellate decision, not at the time of the disputed ruling, and acknowledging the "ostensibly incongruous results" by that approach

Summary of this case from State v. Scott

explaining that we determine error based on the law as it existed at the time of the appellate decision, not at the time of the disputed ruling, and acknowledging the "ostensibly incongruous results" by that approach

Summary of this case from State v. Smith

explaining that we deter-mine error based on the law as it existed at the time of the appellate decision, not at the time of the disputed ruling, and acknowledging the "ostensibly incongruous results" by that approach

Summary of this case from Dep't of Human Servs. v. L. A. K. (In re K. B. K. K.)

explaining that the court determines error based on the law as it exists at the time the appeal is decided, and not as it existed at the time of the ruling being reviewed

Summary of this case from Bell v. Hendricks

explaining that error is determined based on the law that exists at the time an issue is considered on appeal

Summary of this case from State v. Carpenter

explaining that error is determined based on the law that exists at the time of appeal rather than the time of the trial court’s ruling

Summary of this case from State v. Smith

explaining that the court determines whether error is plain based on the law as it exists at the time the appeal is decided, and not as it existed at the time of the ruling being reviewed

Summary of this case from State v. Hoseclaw

setting out the three criteria for plain error

Summary of this case from State v. Harmon

explaining that error is determined based on the law that exists at the time of appeal rather than the time of the trial court’s ruling

Summary of this case from State v. Kelemen

stating that, in most instances, it is appropriate to determine whether error occurred in reference to the law in effect at the time the appeal is decided

Summary of this case from Ossanna v. Nike, Inc.

explaining that "plain error" is determined by reference to the law existing at the time the appeal is decided

Summary of this case from State v. Horner

explaining that “plain error” is determined by reference to the law existing at the time the appeal is decided

Summary of this case from State v. Jones

reiterating that, under Ailes, the determination of whether a claim of error satisfies the requirements of "plain error" is merely the first step in a "two-step process"

Summary of this case from State v. Johnson

reiterating that, under Ailes, the determination of whether a claim of error satisfies the requirements of "plain error" is merely the first step in a "two-step process"

Summary of this case from State v. Newson
Case details for

Petitions for Review

Case Details

Full title:PETITIONS FOR REVIEW

Court:Oregon Supreme Court

Date published: Jul 1, 2003

Citations

335 Or. 504 (Or. 2003)
72 P.3d 636

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