Stanley v. Myers

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 02-03-2016
  • Case #: A154940
  • Judge(s)/Court Below: Lagesen, J., for the Court; Duncan, P.J.; and Flynn, J.
  • Full Text Opinion

Hearsay evidence used by a county sheriff to form an opinion on a person's fitness to retain a concealed carry license is admissible to show the state of mind of the sheriff upon making that determination.

Myers, a County Sheriff, revoked Stanley’s concealed-carry license after a background check revealed that Stanley had a history of perpetrating harassment and threatening behavior. The background check was instigated after Myers learned from a sheriff’s office in another county that Stanley had been arrested after a physical altercation with his mother. The background check revealed domestic disturbance reports involving Stanley, and an instance in which Stanley was belligerent toward police. This caused Myers to believe that Stanley was a danger to himself or others. At a hearing, Stanley objected to the admission of police reports as evidence, but they were admitted to show Myers’ state of mind regarding his decision to revoke the license. The trial court ordered Stanley’s license revoked. Stanley appealed, questioning whether Myers’ decision was reviewed with a proper scope, including the use of the evidence admitted, and whether Myers had “reasonable grounds to believe that” Stanley was a danger to himself or others. The Court held that Myers was allowed to base his opinion on police reports and other hearsay evidence to make his opinion on Stanley’s fitness to retain a concealed carry license. The Court also held that the evidence showed that Myers had reason to believe that Stanley was a danger to himself and others due to his history of perpetrating domestic violence. Affirmed.

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