Opinion

State v. Amini

  • 175 Or. App. 370
  • 28 P.3d 1204
  • 2001 Ore. App. LEXIS 1058
Court
Court of Appeals of Oregon
Filed
Jul 18, 2001
Status
Published
Author
Haselton
On the bench
Deits, Edmonds, Landau, Haselton, Armstrong, Wollheim, Brewer
Cited by
7 cases
Authority
More cited than 11.0%

"[A] cashier's check is equivalent to cash."

How later courts described this case

  • "[A] cashier's check is equivalent to cash."

Written by the judges who cited it.

The opinion

*387 HASELTON, J.,

concurring.

The dissent complains that the majority “repudiates without explanation” our prior decision on the “essential issue” in this case. See 175 Or App at 387 (Armstrong, J., dissenting). I was one of the judges who joined in our original majority opinion, State v. Amini, 154 Or App 589 , 963 P2d 65 (1998), and I have, in fact, “switched sides.” There is an explanation: When faced with new and ultimately compelling arguments, judges can, and should, change their minds.

In Amini I, we referred, collaterally, to federal precedent. See 154 Or App at 596-99 . However, because we did not reach the federal constitutional issues, we had no occasion to focus on, and grapple with, the principles that drive the majority’s analysis. I believe that analysis is unanswerable. Accordingly, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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