State v. Brown

“[A] court errs in failing to instruct the jury that the state bears the burden to disprove [a] defense where defendant puts it at issue." See State v. Abram, 273 Or App 449, 456 (2015); ORS 161.055(1) (The State has the burden of proof of disproving a defense beyond a reasonable doubt.); ORCP 59 B (Trial Court must instruct jury of all matters of law necessary to reach its verdict.).

Following a confrontation where Defendant shot and killed the victim, Defendant was convicted of first-degree manslaughter. On appeal, Defendant contended it was plain error for the trial court to fail to provide the jury with an “initial aggressor” instruction as a limitation to his claim of self-defense, after the State used that theory to rebut Defendant’s self-defense claim. See ORS 161.215(1)(b). “[A] court errs in failing to instruct the jury that the state bears the burden to disprove [a] defense where defendant puts it at issue." See State v. Abram, 273 Or App 449, 456 (2015); ORS 161.055(1) (The State has the burden of proof of disproving a defense beyond a reasonable doubt.); ORCP 59 B (Trial Court must instruct jury of all matters of law necessary to reach its verdict.). When the state contents a limitation on self-defense applies, it is obligated to request a jury instruction saying so, not the defendant. See State v. Freeman, 109 Or App 472, 476 (1991). The trial court plainly erred in not providing an “initial aggressor” instruction to the jury, as the requirement for the instruction is “obvious and not reasonably in dispute.” State v. Vanornum, 354 Or 614, 629 (2013). Conviction for first-degree manslaughter reversed and remanded; remanded for resentencing; otherwise affirmed.