Legal Opinion · Dissent

State v. McClure

Court of Appeals of Oregon

Decided April 17, 2013No. 090850307; A143705Published

1DissentSercombe, J.

The legislative history of a statute can be used to “assist a court in its construction of a statute” under ORS 174.020(l)(b). That history, however, cannot be used to change *210the plain meaning of a statute. See State v. Gaines, 346 Or 160, 173, 206 P3d 1042 (2009) (“When the text of a statute is truly capable of having only one meaning, no weight can be given to legislative history that suggests — or even confirms — that legislators intended something different.”); see also Suchi v. SAIF, 238 Or App 48, 55, 241 P3d 1174 (2010), rev den, 350 Or 231 (2011) (“Even assuming that the legislative…

2Cases cited9 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Lane County v. Land Conservation & Development CommissionOregon Supreme Court · 1997
  3. Force v. Department of RevenueOregon Supreme Court · 2011
  4. Suchi v. SAIF Corp.Court of Appeals of Oregon · 2010
  5. State v. BoldenCourt of Appeals of Oregon · 1990

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