Archive for March, 2012

Commentary to Criminal Law Revision Central

State v. Everett, 249 OrApp 139 (2012)

Holding:   “(A) person commits the crime of solicitation when that person solicits an intermediary to procure a third party to commit the intended crime so long as the intermediary is aware of that intended crime.”

1)   To discern the legislature’s intent, a Court first looks “at the text and context of the statute, and will consider legislative history if it appears useful to the court’s analysis.” citing State v. Gaines. at p. 143.

2)   The Commentary to Criminal Law Revision Commission’s Proposed Oregon Criminal Code, Final Draft and Report is central to divining the legislative history of the criminal statutes. at p. 145.

PDX Code Borrows Definitions From Statutes

State v. Christian, 249 OrApp 1 (2012)

Holding:   A Portland City ordinance prohibiting most people from carrying a loaded firearm into a public place is not void on its face when measured against the 2nd Amendment or Article I, section 27 of the Oregon Constitution.

1)   The Portland Code’s declaration that it should be “construed so as to render it consistent with state criminal law” means courts can apply definitions found in state law to terms not defined in the code. at p. 5.