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Oregon Appellate Court--September 19, 2018

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by: Rankin Johnson IV • September 28, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

ASSAULT IN THE FIRST DEGREE - Intent to cause injury

In first-degree assault trial, trial court erred in instructing jury that defendant needed to intend injury, but intent to cause serious injury was not required for conviction. Remanded for new trial.

State v. Pryor 294 Or 125 (September 19, 2018) (DeVore) (Multnomah County, Roberts)

STALKING/VRO/FAPA - Acts constituting abuse

Trial court did not err in finding that telephone call was “abuse” supporting a continuation of a FAPA order. Affirmed.

Within 180 days of the filing of the petition, respondent and petitioner spoke on the telephone about child custody. Respondent said he “should have gotten rid of [petitioner] when he had the chance,” and that he would take the kids out of state and change their names. Respondent had been violent and had threatened violence in the past, and thus the trial court did not err in treating the phone call as “abuse.”

DRM v. Woods 294 Or 135 (September 19, 2018) (DeVore) (Polk County, Campbell)

DUII - Statutory counterparts

Colorado’s offense of “driving while ability impaired” is a statutory counterpart to DUII, supporting enhanced penalties. Affirmed.

State v. Heckler 294 Or 142 (September 19, 2018) (Lagesen) (Deschutes County, Ashby)