State v. Knox
| Decision Date | 23 April 1998 |
| Citation | 957 P.2d 1209,327 Or. 97 |
| Parties | STATE of Oregon, Respondent on Review, v. James Kenji KNOX, Petitioner on Review. CC CM93-0464; CA A79581; SC S42301. |
| Court | Oregon Supreme Court |
Kathryn A. Wood, Corvallis, filed the petition for petitioner on review.
No appearance contra.
Before CARSON, C.J., and GILLETTE, Van HOOMISSEN, DURHAM and LEESON, JJ. **
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals in light of State v. Morton, 326 Or. 466, 953 P.2d 374 (1998).
* Appeal from Benton County Circuit Court, Frank D. Knight, Judge. 134 Or.App. 154, 894 P.2d 1185 (1995).
** Graber, J., resigned March 31, 1998, and did not participate in the decision of this case; Kulongoski, J., did not participate in the consideration or decision of this case.
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11 cases
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Brewer v. Dept. of Fish and Wildlife
...922 P.2d 677 (1996), quoting State v. Knox, 134 Or.App. 154, 160-61, 894 P.2d 1185 (1995), vacated and remanded on other grounds 327 Or. 97, 957 P.2d 1209 (1998). Here, plaintiffs do not argue that any factual record is necessary in order to apply the general principles of sovereign immunit......
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State v. Steffens
...it is unlikely to be determinative. See, e.g., State v. Knox, 134 Or.App. 154, 159, 894 P.2d 1185 (1995), vac'd on other grounds,327 Or. 97, 957 P.2d 1209 (1998) (where the defendant had never threatened or been violent with police and “was not acting in any unusually angry or strange manne......
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State v. Davenport
...accessing the area or the item searched. State v. Knox, 134 Or.App. 154, 159–60, 894 P.2d 1185 (1995), vac'd on other grounds, 327 Or. 97, 957 P.2d 1209 (1998). An officer-safety search cannot be based on an unlikely hypothetical possibility that a stopped person has access to, and will use......
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State v. Aman
...here are materially indistinguishable from those in State v. Knox, 134 Or.App. 154, 894 P.2d 1185 (1995), vac'd on other grounds 327 Or. 97, 957 P.2d 1209 (1998), on remand 160 Or.App. 668, 984 P.2d 294 The state responds that the context of this search—following the discovery of drugs in d......
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