303 P.3d 944
Or. Ct. App.2013Background
- Defendant was convicted of escape in the third degree (ORS 162.145(1)) for fleeing custody of arresting officers.
- She challenged the trial court's denial of a jury instruction on the choice of evils defense (ORS 161.200) based on alleged imminent sexual threat by officers.
- Evidence at trial included the arrest by two male officers, with defendant alleging fear of being searched by a male officer and a history of sexual abuse.
- A psychologist testified that PTSD can cause perceived threats and flight responses, potentially affecting defendant’s conduct during arrest.
- The court refused the instruction; on appeal, defendant argued the record showed she reasonably believed imminent injury threatened by officers.
- The appellate court affirmed, holding no reasonable, objective basis supported a choice-of-evils instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ORS 161.200 require an actual threat or a reasonable belief? | Hearing Brown/Costanzo supports a reasonable belief test. | Statute should cover perceived threat under PTSD as justification. | Not supported; requires objective reasonable belief |
| Was there sufficient evidence to justify a choice of evils instruction? | Evidence showed perceived imminent threat could justify instruction. | PTSD history makes perception reasonable and warrants instruction. | Record showed no objectively reasonable belief; instruction properly denied |
| Did the trial court err in applying the standard to refuse the instruction based on perception alone? | Brown/Costanzo imply reasonable belief suffices. | Objective reasonable person standard should incorporate defendant’s circumstances. | Court applied objective standard; no error |
Key Cases Cited
- State v. Brown, 306 Or 599 (Or. 1988) (necessity defense; requires reasonable belief of injury or threat)
- State v. Costanzo, 94 Or App 516 (Or. App. 1988) (discussed reasonable belief for choice of evils)
- State v. Seamons, 170 Or App 582 (Or. App. 2000) (evidence for choice of evils must show reasonable belief; no threat here)
- State v. Matthews, 30 Or App 1133 (Or. App. 1977) (flight from officer; sufficiency of justification evidence when imminent threat shown)
- State v. Ott, 297 Or 375 (Or. 1984) (objective/subjective balance in necessity defense; reasonable explanation required)