Legal Opinion

State v. Ventris

Oregon Supreme Court

Decided August 19, 2004No. CC 96-1155; CA A110810; SC S49981PublishedCited by 6 opinions

1Opinion of the Court

*285BALMER, J.

In this criminal matter, we are asked to decide whether a finding under the aggravated murder statute, ORS 163.095(2)(d), that defendant personally and intentionally killed the victim requires us to conclude as a matter of law that a conviction for “murder” based on the same event necessarily is a conviction for intentional murder, ORS 163.115(l)(a), rather than for felony murder, ORS 163.115(l)(b). The question matters in this case, because defendant faces the possibility of a longer sentence if his conviction was for intentional murder.

Following a bench trial, the trial court…

2Cases cited7 opinions

  1. State v. EhlyOregon Supreme Court · 1993
  2. State v. CrotsleyOregon Supreme Court · 1989
  3. State v. ReyesOregon Supreme Court · 1957
  4. State v. FishOregon Supreme Court · 1978
  5. State v. EarpOregon Supreme Court · 1968

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3Cited by6 opinions

  1. State v. LinkOregon Supreme Court · 2009
  2. State v. LinkCourt of Appeals of Oregon · 2019
  3. Roberts v. HowtonDistrict Court, D. Oregon · 2014
  4. State v. DasaCourt of Appeals of Oregon · 2010
  5. Martinez v. CainCourt of Appeals of Oregon · 2018

1 more not listed; retrieve them via the Exa API.

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