- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 12-20-2017
- Case #: A160190
- Judge(s)/Court Below: James, J. for the Court; Lagensen, P.J.; & DeVore, J.
- Full Text Opinion
Defendant appealed multiple judgments of conviction. Defendant assigned error to the trial court’s refusal to provide jury instructions for his duress and choices-of-evil defenses. Defendant argued that the record contained sufficient evidence to support the requested jury instructions. In response, State argued that the threat of harm was not imminent for the duress and choices-of-evil defenses to permit the jury instructions. “If there is any evidence in the record from which the jury could infer the required elements of [the defense], the issue should be submitted to them.” State v. Matthews, 30 Or App 1133, 1136, 569 P2d 662 (1977). The Court of Appeals found that the trial court erred when it ruled the defendant did not present “credible” testimony for the threats because the standard is “any evidence,” not evidence the trial court deemed credible. The Court held that the record contained sufficient evidence for the requested jury instructions. Reversed and remanded.