1. Home
  2. Browse Decisions
  3. P.3d
  4. 278 P.3d
  5. 278 P.3d 130 (2012)
 

STATE v. MASSEY

CR0911949; A145571.

278 P.3d 130 (2012)

249 Or. App. 689

STATE of Oregon, Plaintiff-Respondent, v. James Edward MASSEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 9, 2012.

Attorney(s) appearing for the Case

Ryan Scott argued the cause and filed the brief for appellant.

Jamie K. Contreras , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

DUNCAN, J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). After defendant's trial to the court, the court read a jury instruction based on State v. Miles, 8 Or.App. 189, 492 P.2d 497, rev. den. (1972), (the Miles instruction) to explain its reasoning in finding defendant guilty. Defendant appeals, arguing that the court erred in relying on the instruction. We agree. Therefore...

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