State v. Hatchell

When refusing a jury instruction the court must determine, “whether the record viewed in the light most favorable to the proponent of the instruction, supported giving the instruction.” State v. Owen, 369 Or 288, (2022).

Defendant appealed his conviction of second-degree assault. Defendant argued that the trial court was required to instruct the jury on culpable mental state with respect to the serious physical injury as an element of the crime. Defendant also contends the trial court erred in denying Defendant's proposed jury instructions which was the mental state of criminal negligence applied to serious physical injury. When refusing a jury instruction the court must determine, “whether the record viewed in the light most favorable to the proponent of the instruction, supported giving the instruction.” State v. Owen, 369 Or 288, (2022). The Court explained that their job was not to look at the evidence of the case as a factfinder but rather their job was to consider whether the failure to give an instruction would impact the outcome of the case. The Court reasoned that given Defendant’s conduct, the jury could have found that he acted with the requisite criminal negligence, however, the jury lacked the proper instruction and therefore could not properly decide the case. Reverse and remand the second-degree assault county.