State v. Lopez-Minjarez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 12-20-2017
  • Case #: A158678
  • Judge(s)/Court Below: James, J. for the Court; Lagesen, PJ; and DeVore, J.
  • Full Text Opinion

All jury instructions must be “complete and accurate without error” when submitted to the Court. Estate of Michelle Schwarz v. Philip Morris Inc., 348 Or 442, 454 (2010).

Defendant appealed a conviction of one count felony murder, one count manslaughter, and one count of second-degree assault. Defendant assigned error to the trial court's refusal to give proper jury instructions. On appeal, Defendant and the State both argued that the requested instructions for the jury were only refused because of a “typographical error” and asked that it be changed to convey the proper instruction. All jury instructions must be “complete and accurate without error” when submitted to the Court. Estate of Michelle Schwarz v. Philip Morris Inc., 348 Or 442, 454 (2010). The Court of Appeals held that revising jury instructions based merely on the parties' intent would be improper, and therefore, the trial court did not err in providing the instructions as it did. Affirmed.

Advanced Search