STATE v. VANORNUM

(CC 200818082A; CA A142341; SC S060715).

317 P.3d 889 (2013)

354 Or. 614

STATE of Oregon, Respondent on Review, v. Ian George VANORNUM, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 27, 2013.


Attorney(s) appearing for the Case

Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review. With him on the brief was Peter Gartlan , Chief Defender.

Patrick M. Ebbett , Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Mary H. Williams , Deputy Attorney General, and Anna M. Joyce , Solicitor General.

Bridget Donegan , Larkins Vacura LLP, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.


LINDER, J.

Defendant appealed his conviction for resisting arrest, ORS 162.315, raising, among other issues, two claims that the trial court erred in instructing the jury. The Court of Appeals concluded that it was barred from reviewing those claims by ORCP 59 H, which states that "a party may not obtain review on appeal" of an asserted error in giving or failing to give an instruction unless the party objected in a specified manner. We allowed defendant's petition...

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