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Oregon Supreme Court “Duty to Retreat” Case

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You can find State v Sandoval (S53457) here:

“Defendant appealed his conviction after a jury trial on a charge of intentional murder, ORS 163.115(1)(a), contending that the trial court improperly instructed the jury to the effect that a person is justified in using deadly force in self defense to defend against imminent use of deadly force by another only if there is no opportunity to escape and no other means of avoiding the combat. A panel of the Court of Appeals affirmed defendant’s conviction without opinion. State v. Sandoval, 204 Or App 457, 130 P3d 808 (2006). We allowed defendant’s petition for review and now conclude that the instruction was an incorrect statement of Oregon law and that the trial court’s error in giving the instruction was not harmless. Accordingly, we reverse the decision of the Court of Appeals, reverse defendant’s conviction for intentional murder, and remand the case to the circuit court for further proceedings.”

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