State v. Olive- Charge of Resisting Arrest Reversed

October 29, 2013

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

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