State v. Bistrika

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 03-26-2014
  • Case #: A146752
  • Judge(s)/Court Below: Nakamo, J. for the court; Armstrong, P.J.; & Egan J.
  • Full Text Opinion

Jury instructions which insert an irrelevant issue into a case constitute a reversible error.

Alexander Alexandervi Bistrika (Bistrika) appealed his conviction for interfering with a peace officer, resisting arrest, and disorderly conduct on the grounds that the trial court erroneously denied his motion to suppress, his motion for a judgment of acquittal, and his motion to merge his guilty verdicts for interfering with a peace officer. Bistrika also assigned error to the state’s jury instructions which were used at trial. The Court held that the trial court properly denied all Bistrika’s motions, but that the use of the state’s jury instructions was a reversible error. Because the jury instruction included an irrelevant issue to the case at hand, a jury could have reached an erroneous verdict regarding Bistrika’s interfering with a peace officer. Reversed and remanded for Bistrika’s interfering with a peace officer conviction; otherwise affirmed.

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