State v. Olive- Charge of Resisting Arrest Reversed

October 29, 2013
Blog

In State v. Olive, decided October 23, 2013, the Oregon Court of Appeals reversed the Multnomah County conviction of Mr. Olive for Resisting Arrest.

The court held that in order to be guilty of Resisting Arrest, you must know you are being arrested.  In so holding, the court over-ruled its 1984 decision in State v. Toelaer.  It is unusual for an appellate court to over-rule one of its prior decisions on a matter of statutory interpretation unless the prior decision was “plainly wrong.”  Toelaer was “plainly wrong” and Mr. Olive and his legal team were “plainly right.”

You can view the full details of the Court of Appeal’s decision by clicking here

If you or someone you know has been charged with a crime in the State of Oregon, you need proper representation to ensure that you get fair treatment.  Call me today for help with your case.  (503) 224-7878.

Contact Us for case evaluation