Legal Opinion

State v. Nistler

Court of Appeals of Oregon

Decided January 22, 2015No. 092042AFE; A147483PublishedCited by 4 opinions

1Opinion of the CourtHaselton, C. J.

Defendant, who was convicted of racketeering, eight counts of securities fraud, and eight counts of aggravated first-degree theft, argues that the trial court erred in (1) denying his demurrer to five of the theft charges on statute of limitations grounds, (2) denying his motion for judgment of acquittal on all of the securities fraud charges, and (3) rejecting two distinct challenges to the testimony of a state’s witness. As explained below, we conclude that the trial court erred in denying the demurrer as to the five theft charges.1 However, with respect to the remaining assignments of…

2Cases cited16 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. State v. SouthardOregon Supreme Court · 2009
  3. Computer Concepts, Inc. v. BrandtOregon Supreme Court · 1990
  4. Pratt v. KrossOregon Supreme Court · 1976
  5. Hopkins v. SAIF Corp.Oregon Supreme Court · 2010

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3Cited by4 opinions

  1. State v. SummersCourt of Appeals of Oregon · 2016
  2. State v. BarrettCourt of Appeals of Oregon · 2020
  3. State v. RossiterCourt of Appeals of Oregon · 2019
  4. State v. Thomas, Circuit Court of the 3rd Judicial Circuit of Florida, Columbia County2016

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