337 P.3d 150
Or. Ct. App.2014Background
- Defendant and two companions traveled to a state forest in December 2011 to gather firewood.
- Black drove, defendant cut wood, Brown loaded; Black continued loading until pain limited him.
- Black had a neck injury aggravated by rough road, changing a tire, and loading wood.
- On return, snow and darkness prompted Black to want to leave; defendant drove despite revoked license.
- A sheriff's deputy stopped the vehicle on their return trip, leading to charges under ORS 811.182.
- Defendant asserted the affirmative defense of necessity; the jury convicted; appeal followed with two instructional errors claimed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not giving the requested reasonable-belief instruction for necessity. | State contends the court adequately stated the law. | Brown requires a reasonable-belief framing for urgency; instruction was incomplete. | Reversed and remanded; error prejudiced defendant. |
| Whether the court properly instructed the meaning of injury under the necessity defense. | State maintains the standard instruction tracks ORS 811.180(l)(a). | Requested Haley-based clarification was improper but sought to clarify non-life-threatening injury. | As to assignment two, no entitlement; instruction proper; no prejudicial error. |
Key Cases Cited
- State v. Cruz-Gonzalez, 256 Or App 811, 303 P.3d 983 (Or App 2013) (standard for when a missing instruction is error or not; reliance on Brown/other authorities)
- Leiseth v. Fred Meyer, Inc., 185 Or App 53, 57 P.3d 914 (Or App 2002) (instruction adequacy vs. sufficiency of evidence; non-substitute for proper instructions)
- State v. Tucker, 315 Or 321, 845 P.2d 904 (Or 1993) (instruction sufficiency standards; guide for error review)
- Hernandez v. Barbo Machinery Co., 327 Or 99, 957 P.2d 147 (Or 1998) (reversal required if instructional error may have affected outcome)
- State v. Brown, 306 Or 599, 761 P.2d 1300 (Or 1988) (necessity defense requires reasonable belief of injury/threat and urgency measured by reasonable belief)
- State v. Haley, 64 Or App 209, 667 P.2d 560 (Or App 1983) (injury need not be life-threatening to qualify under former necessity standard)