- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 08-20-2014
- Case #: A151166
- Judge(s)/Court Below: DeVore, J. for the Court; Ortega, P.J.; & Edmonds, S.J.
- Full Text Opinion
Defendant appealed a trial court decision convicting him of resisting arrest. Defendant arrived at the Lane County Jail to pick up his wife when a deputy claimed that defendant appeared to be impaired and placed him under arrest for DUII. While being placed under arrest, Defendant’s wife appeared in the jail lobby and both Defendant and his wife told the arresting officer that Defendant suffered from hearing loss, as well as dual torn rotator cuffs. Defendant argued that any physical resistance to his arrest was self-defense against the pain on his preexisting injuries, aggravated by his handling by the arresting officer. Defendant requested a jury instruction for self-defense against the charge of resisting arrest. The trial court denied the jury instruction because it determined that there was insufficient evidence to indicate excessive force. The Court determined that this case was analogous to other self-defense cases, and that the evidence supported the defendant’s motion jury instruction for self-defense. Reversed and remanded.