State v. Wade

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 06-08-2016
  • Case #: A156163
  • Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.

A second-degree disorderly conduct conviction may be reversed if a rational fact finder would find the elements beyond a reasonable doubt and there was no physical conduct by the defendant.

Defendant appealed his second-degree disorderly conduct conviction under ORS 166.025(1)(a), claiming error in the denial of his motion for a judgment of acquittal. Defendant argued that the evidence did not show his behavior was violent because he did not engage in physical conduct immediately likely to lead to the use of physical force. Viewed in the light most favorable to the state, the Court found that there was no physical conduct by Defendant. The disorderly conduct conviction was reversed.

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