State v. Roberts

“In general, a party is entitled to a jury instruction on the law that supports that party’s theory of the case when “(1) there is evidence to support that theory and (2) the requested instruction is a correct statement of the law.” State v. Harryman, 277 Or App 346, 356, 371 P3d 1213, rev den, 360 Or 401 (2016).”

Defendant appealed his conviction for first-degree criminal mistreatment and third-degree assault. Defendant assigned error to the trial court’s jury instructions. On appeal, Defendant argued that his requested jury instruction was a proper statement of the law and the evidence supported it. In response, the State argued that the requested instruction was not required because it only defined an everyday term. “In general, a party is entitled to a jury instruction on the law that supports that party’s theory of the case when “(1) there is evidence to support that theory and (2) the requested instruction is a correct statement of the law.” State v. Harryman, 277 Or App 346, 356, 371 P3d 1213, rev den, 360 Or 401 (2016).” The Court of Appeals held that the requested jury instruction should have been published to the jury because, without the instruction, there was a risk of error by the jury. Reversed.