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State v. Rudder

Oregon Court of Appeals
Jan 23, 1996
137 Or. App. 43 (Or. Ct. App. 1996)

Summary

In Rudder/Webb, we concluded that the legislature lacked the ability retroactively to confer subject matter jurisdiction in order to resurrect a judgment that was void when entered.

Summary of this case from State v. Jackman

Opinion

93NB1223; CA A82625

Rudder's case argued May 31 on state's motion for reconsideration, reconsideration allowed; opinion ( 133 Or. App. 174, 889 P.2d 1367) modified and adhered to as modified; Webb's case argued and submitted April 27, reargued May 31, reversed and remanded in part with instructions; otherwise affirmed September 27, 1995, Webb's petition for review allowed January 23, 1996 ( 322 Or. 489) See later issue Oregon Reports

Appeal from District Court, Coos County, Michael J. Gillespie, Judge.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Andy Simrin, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.


Reconsideration allowed and opinion adhered to as modified; reversed and remanded with instructions in part, and otherwise affirmed.


Summaries of

State v. Rudder

Oregon Court of Appeals
Jan 23, 1996
137 Or. App. 43 (Or. Ct. App. 1996)

In Rudder/Webb, we concluded that the legislature lacked the ability retroactively to confer subject matter jurisdiction in order to resurrect a judgment that was void when entered.

Summary of this case from State v. Jackman

In Rudder/Webb, we considered the validity of legislation that retroactively conferred jurisdiction on district courts over certain cases that, in our interpretation, were not covered by the prior version of the statute conferring jurisdiction on district courts.

Summary of this case from State v. Jackman

stating that an accusatory instrument is the pleading from which a court determines jurisdiction and that if the instrument does not invoke the court's jurisdiction, then the court has no authority to proceed on the instrument

Summary of this case from State v. Guzman
Case details for

State v. Rudder

Case Details

Full title:STATE OF OREGON, Appellant, v. SAMUEL ROBERT RUDDER, Respondent

Court:Oregon Court of Appeals

Date published: Jan 23, 1996

Citations

137 Or. App. 43 (Or. Ct. App. 1996)
903 P.2d 393

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