Legal Opinion
State v. Clowes
Court of Appeals of Oregon
Decided January 24, 1990No. DA 372447-8806, DA 372448-8806, DA 372450-8806, DA 372446-8806 CA A50128 (Control), A50129, A50132, A50136PublishedCited by 4 opinions
1Opinion of the Court
*269BUTTLER, J.
Defendants were charged with criminal trespass in the second degree, ORS 164.245, for blocking the doors of the Lovejoy Surgicenter with the objective of preventing women from entering for the purpose of obtaining abortions. At their trials, defendants sought to assert the choice of evils defense, ORS 161.200, arguing that the trespass was an emergency measure that was necessary to avoid the imminent deaths of unborn children.1 The trial court granted the state’s pretrial motion to exclude evidence of the defense on the ground that to allow its assertion would be inconsistent with…
2Cases cited5 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Roe v. WadeSupreme Court of the United States · 1973
- Shelley v. KraemerSupreme Court of the United States · 1948
- Webster v. Reproductive Health ServicesSupreme Court of the United States · 1989
- State v. WhismanCourt of Appeals of Oregon · 1978
3Cited by4 opinions
- State v. ClowesOregon Supreme Court · 1990
- State v. TroenCourt of Appeals of Oregon · 1990
- Allstate Insurance v. BelezosDistrict Court, D. Oregon · 1990
- State v. ClowesCourt of Appeals of Oregon · 1990