Opinion · Oregon Supreme Court
State v. Illig-Renn
State v. Illig-Renn, 337 Or. 327 (Or. 2004)
- Type
- Opinion
- Court
- Oregon Supreme Court
- Jurisdiction
- Oregon
- Date
- 2004-09-08
- Topic
- general
explaining that, “[o]rdinarily, the appellate courts of this state will decline to address an undeveloped argument” | explaining that, “[o]rdinarily, the appellate courts of this state will decline to address an undeveloped argument” | explaining that we ordinarily “will decline to address an undeveloped argument” | explaining that we ordinarily “will decline to address an undeveloped argument” | where party “plainly put in issue the proper construction of the statute,” appellate court has obligation to correctly construe it, regardless of the parties’ arguments | subject matter jurisdiction never waived; can be raised by any party or court sua sponte at any stage of proceedings | where party “plainly put in issue the proper construction of the statute,” appellate court has obligation to correctly construe it, regardless of the parties’ arguments | “subject matter jurisdiction is never waived and can be raised by any party or by the court sua sponte at any stage of the proceedings” | ORCP 68 C(4)(a)(i), which requires the filing of an attorney fee statement, is not a jurisdictional prerequisite to a fee award | jurisdictional matters are never waived and can be raised at any stage in a proceeding | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | record supported post-conviction court’s implicit finding that prosecutor would not have offered a better plea if peti- tioner’s counsel had submitted the results of a polygraph | “[W]here a term has an unambiguous meaning, the fact that it could lead to an absurd result does not justify interpreting it to mean something else.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | when a party “plainly put in issue the proper construction of the statute,” appellate court had an “obligation” to correctly construe the statute, “regardless of the parties’ arguments” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | "Ordinarily, the appellate courts of this state will decline to address an undeveloped argument." | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | “Ordinarily, the appellate courts of this state will decline to address an undeveloped argument.” | explain- ing that we ordinarily “will decline to address an undevel- oped argument” | where numerous statutes demonstrated that the legislature knew how to refer to a particular administrative agency, the fact that it did not do so in the statute at issue made it unlikely that it intended the latter statute to encompass that agency | where numerous statutes demonstrated that the legislature knew how to refer to a particular administrative agency, the fact that it did not do so in the statute at issue made it unlikely that it intended the latter statute to encompass that agency | where numerous statutes demonstrated that the legislature knew how to refer to a particular administrative agency, the fact that it did not do so in the statute at issue made it unlikely that it intended the latter statute to encompass that agency | “[A] court’s errone- ous exercise of statutory authority does not always equate with an absence of jurisdiction * * *. Rather,
Citator
- Cited by
- 40 opinions
STATE v. ILLIG-RENN
Supreme Court of Oregon.
September 8, 2004.Petition for review allowed. Respondent's petition for review allowed. The decision of Court of Appeals vacated and case remanded to the Court of Appeals for reconsideration in light of State v. Ausmus, 336 Or. 493, 85 P.3d 864 (2004).