State v. Nicholson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 11-02-2016
  • Case #: A158526
  • Judge(s)/Court Below: Haselton, S.J. for the Court; Duncan, P.J.; DeVore, J.
  • Full Text Opinion

Under ORS 33.015(b) a defendant who acts based on a good faith belief that a judicial order has been dismissed can’t be deemed to have acted “with knowledge that it was forbidden conduct.”

Defendant contended the trial court rendered findings that precluded, as a matter of law, a determination that the asserted violation was “done willfully.” The trial court’s findings were irreconcilable with the legislative intent of “willfully” in this context under ORS 33.015(b). The legislative intent of ORS 33.015(2) indicates that a defendant cannot have acted “willfully” if they have acted “with knowledge that it was forbidden conduct.” In this case a defendant who acts based on a good faith belief that a judicial order has been dismissed can’t be deemed to have acted “with knowledge that it was forbidden conduct.” Reversed

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