STATE v. JOHNSON

071255179; A138789.

243 P.3d 805 (2010)

238 Or. App. 672

STATE of Oregon, Plaintiff-Respondent, v. Billy Don JOHNSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 17, 2010.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Erik Blumenthal , Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.


SCHUMAN, P.J.

Defendant was convicted of interfering with a peace officer by refusing "to obey a lawful order." ORS 162.247. On appeal, he raises three assignments of error. First, he argues that the trial court erred in denying his demurrer to the charge because the statute, on its face, violates the Oregon Constitution by requiring the jury to make a legal conclusion as to the order's lawfulness. Second, he maintains that the court erred in not granting his motion...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases