State v. Illig-Renn

The majority holds that ORS 162.247(l)(b), which makes it a crime for a person “knowing that another person is a peace officer” to refuse to obey “a lawful order by the peace officer,” is, on its face, neither overbroad nor fatally vague under either the Oregon or United States constitution. To reach that conclusion, the majority relies on State v. Andre, 178 Or App 566, 38 P3d 949 (2002), which, in turn, relies on State v. Ausmus, 178 Or App 321, 37 P3d 1024 (2001), rev allowed, 334 Or 288 (2002). I agree that the majority’s conclusions are correct and that they necessarily follow from Andre…