State v. Jackson-Decision Reversed in Stalking Conviction

November 11, 2013

State v. Jackson was reversed on October 30, 2013. The defendant appealed a conviction on one count of stalking. The defendant argued that the state had to prove that his conduct was actually an unequivocal threat. He contended that the state’s evidence was not sufficient to prove such.

The Oregon Court of Appeals ruled that the State did not show that defendant’s statements amounted to a “threat” as defined in Rangel 328 Or at 298-306. At oral argument, the state conceded that the defendant’s October 31, 2010 statements did not constitute a threat under Rangel. Accordingly, the Court of Appeals ruled that the trial court erred in denying the defendant’s motion for a judgment of acquittal.

You can read the full details of the case here.

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