State v. McConnell

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 01-27-2016
• Case #: A157098
• Judge(s)/Court Below: Per Curiam; Armstrong, P.J.; Hadlock, J.; & Egan, J.

A trial court errs by denying a criminal defendant's requested special jury instruction when that instruction correctly states the law related to self-defense, and the criminal defendant had proceeded on a theory of self-defense.

Defendant appealed a conviction of second-degree assault--a lesser included offense of his original charge of first degree assault. Defendant argued that the trial court erred by denying his requested jury instruction, which would have included an instruction on the jury's ability to account for the alleged victim's violent and aggressive character. The Court held that because Defendant had proceeded on a theory of self-defense, Defendant's requested instruction correctly stated the law, and the trial court erred by denying Defendant's request. Reversed and remanded.

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