State v. Borck
Decision Date | 25 November 2009 |
Docket Number | A134423.,CR050689. |
Citation | 232 Or. App. 266,221 P.3d 749 |
Parties | STATE of Oregon, Plaintiff-Respondent, v. Russell Patrick BORCK, Defendant-Appellant. |
Court | Oregon Court of Appeals |
Jason E. Thompson, Salem and Ferder Casebeer French & Thompson, LLP, for petition.
Before HASELTON, Presiding Judge, and ROSENBLUM, Judge, and SERCOMBE, Judge.
Defendant petitions for reconsideration of our opinion affirming his convictions on various crimes. State v. Borck, 230 Or.App. 619, 216 P.3d 915 (2009). Although we reject without discussion defendant's substantive contentions in support of his petition, we allow reconsideration for the limited purpose of modifying and correcting one aspect of our quotation of the trial court's operative ruling, as set out at 230 Or.App. at 629, 216 P.3d 915. Specifically, in the fourth paragraph of our quotation of the trial court's ruling, which begins "[The letters] do show * * *," the two references to "[M]" in that paragraph should, instead, read "[J]."
Reconsideration allowed; former opinion modified and adhered to as modified.
To continue reading
Request your trial-
Morris v. State
...v. Borck, 230 Or.App. 619, 630–31, 633–35, 635 n. 10, 216 P.3d 915, 920–21, 922–23, 923 n. 10, modified on other grounds, 232 Or.App. 266, 221 P.3d 749 (2009), review denied, 348 Or. 291, 231 P.3d 795 (2010) (letters from defendant admissible to show grooming, which in turn tended to show t......
-
State v. Roberts
...all, part, or none of the proffered evidence."State v. Borck , 230 Or. App. 619, 636, 216 P.3d 915, adh'd to as modified on recons , 232 Or. App. 266, 221 P.3d 749 (2009), rev. den. , 348 Or. 291, 231 P.3d 795 (2010) (internal quotation marks omitted).6 A Baughman remand may well be the app......
-
State v. Clarke
...the matters prescribed in Mayfield.” State v. Borck , 230 Or.App. 619, 637, 216 P.3d 915, adh'd to as modified on recons. , 232 Or.App. 266, 221 P.3d 749 (2009), rev. den. , 348 Or. 291, 231 P.3d 795 (2010). That will be so where “the totality of the attendant circumstances indicate that th......
-
State v. Anderson
...773, 778, 369 P.3d 1200 (2016) (quoting State v. Borck , 230 Or.App. 619, 637, 216 P.3d 915, adh'd to as modified on recons. , 232 Or.App. 266, 221 P.3d 749 (2009), rev. den. , 348 Or. 291, 231 P.3d 795 (2010) ). That prescribed method includes four basic steps: (1) "analyze the quantum of ......