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STATE v. OLIPHANT

(CC 050245; CA A131381 (Control)), (CC 050246; CA A131382), (CC 050824; CA A131519) (SC S056404).

218 P.3d 1281 (2009)

347 Or. 175

STATE of Oregon, Respondent on Review, v. Jessica Lee OLIPHANT, fka Jessica Lee Rilatos, fka Jessica Lee Bayya, fka Jessica Lee Fairman, aka Jessica Lee Olson, Petitioner on Review. State of Oregon, Respondent on Review, v. Francisca Darlene Rilatos, Petitioner on Review. State of Oregon, Respondent on Review, v. Kenneth Robert Wood, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided October 8, 2009.

Attorney(s) appearing for the Case

Robin A. Jones, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioners on review. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Tiffany Keast, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

GILLETTE, J.

This criminal case arose out of a jaywalking stop that degenerated into a mutual affray involving three defendants and two police officers. During the defendants' ensuing trial for resisting arrest, assaulting a police officer, and other charges, all the defendants raised the defense of self-defense. The trial court refused to give a special instruction that the defendants had requested and gave other instructions to which the defendants had excepted...

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