State v. McNally

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 07-08-2015
  • Case #: A150977
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; & De Muniz, S.J.
  • Full Text Opinion

Jury instructions are to be granted if there is a evidence to support it and if the proposed instruction accurately states the law.

Defendant was arrested and charged with second degree trespass, interfering with a peace officer, and resisting arrest. Defendant was convicted of all three charges and appealed, making two assignment of error. First, Defendant argued that the trial court erred in not granting a jury instruction stating that a "person does not commit the crime of interfering with a peace officer if the person engaged only in passive resistance." Second, Defendant argued that the trial court erred in not granting a jury instruction stating that the “arresting officer could use force in arresting Defendant if the officer reasonably believed that force was necessary to do that.” The Court rejected the first assignment of error, but concluded that the trial court did err in the second assignment of error. Conviction for resisting arrest reversed and remanded; otherwise affirmed.

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