STATE v. CLOWES

DA 372447-8806, CA A50128 (Control), SC S36922, DA 372448-8806, CA A50129, SC S36946, DA 372450-8806, CA A50132, SC S36933, DA 372446-8806, CA A50136, SC S36946.

801 P.2d 789 (1990)

310 Or. 686

STATE of Oregon, Respondent On Review, v. Brian Woodbridge CLOWES, Petitioner On Review. State of Oregon, Respondent On Review, v. JUDY LOIS HAGER, Petitioner On Review. State of Oregon, Respondent On Review, v. MICHAEL JAMES KINSEY, Petitioner On Review. State of Oregon, Respondent On Review, v. Rachel A. Wolcott, Petitioner On Review.

Supreme Court of Oregon.

Decided November 26, 1990.


Attorney(s) appearing for the Case

Richard L. Stradley, Hillsboro, argued the cause and filed the petition, for petitioner on review Brian Woodbridge Clowes.

Norman L. Lindstedt, Lindstedt & Buono, P.C., Portland, argued the cause and filed the petition, for petitioners on review Judy Lois Hager and Rachel A. Wolcott.

William E. McCann, Tillamook, argued the cause and filed the petition, for petitioner on review Michael James Kinsey.

Janet Klapstein, Asst. Atty. Gen., Salem, argued the cause, for respondent on review. With her on the response brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Melanie E. Mansell, Sheridan, filed a brief amici curiae, on behalf of The Rutherford Institute, Charlottesville, Va.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.


UNIS, Justice.

The question presented in this case is whether the statutory defense of choice of evils, ORS 161.200,1 is available to anti-abortionists who were charged with criminal trespass in the second degree, ORS 164.245,2 after they had entered the premises of an abortion clinic, attempted to prevent patients who were in the first trimester of pregnancy from...

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