State v. Devall

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 04-20-2016
• Case #: A158544
• Judge(s)/Court Below: Per Curiam, Armstrong, P.J.; Egan, J.; Shorr, J.;

I, the Court held that under ORS 166.025(1)(a) “violent, tumultuous or threatening behavior” cannot be shown by verbal threats alone.

Defendant appealed the conviction of a second-degree disorderly conduct charge, ORS 166.025(1)(a), and assigned error to the denial of her motion for a judgment of acquittal. In State v. Atwood, 195 Or 490, 98 P3d 751 (2004) the Court held that the state must show that “with the requisite intent,” the defendant “used physical force or engaged in physical conduct likely to produce the use of such force by either [the defendant] or by an objectively reasonable third party responding to that conduct.” State conceded that there wasn’t legally sufficient evidence to convict second-degree disorderly conduct and the Court agreed. Reversed.

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