Legal Opinion

State v. McPhail

Court of Appeals of Oregon

Decided August 19, 2015No. CFH110028; A152083PublishedCited by 5 opinions

1Opinion of the CourtSercombe, P. J.

Defendant appeals a judgment of conviction for unlawful possession of a weapon by a prison inmate. ORS 166.275.1 He assigns error to the trial court’s refusal to permit him to present the defenses of self-defense and choice of evils.2 For the reasons explained below, we conclude that the trial court did not err and, accordingly, affirm.

“We review the record to determine whether [the] defendant presented any evidence to support the defenses he sought to assert and evaluate that evidence in the light most favorable to [the] defendant.” State v. Miles, 197 Or App 86, 88, 104 P3d 604, rev den,…

2Cases cited13 opinions

  1. State v. CobbCourt of Appeals of Oregon · 2008
  2. State v. MatthewsCourt of Appeals of Oregon · 1977
  3. State v. BoldtCourt of Appeals of Oregon · 1992
  4. State v. BeisserCourt of Appeals of Oregon · 2013
  5. State v. MilesCourt of Appeals of Oregon · 2005

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. PhillipsCourt of Appeals of Oregon · 2022
  2. City of Eugene v. AdamsCourt of Appeals of Oregon · 2021
  3. State v. DartCourt of Appeals of Oregon · 2021
  4. State v. WhiteleyCourt of Appeals of Oregon · 2024
  5. State v. WhiteleyCourt of Appeals of Oregon · 2024

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