State v. Bradford

Defendant appeals a judgment of conviction for fourth-degree assault, ORS 163.160, and harassment, ORS 166.065. Defendant assigns error to the trial court’s instruction to the jury that the victim’s use of force against defendant was lawful if the victim reasonably believed that defendant was committing a criminal trespass (a defense of premises instruction). At trial, defendant raised a self-defense theory and the trial court instructed the jury accordingly. In his view, giving a defense of premises instruction was error because State v. Oliphant, 347 Or 175, 194, 218 P3d 1281 (2009), and…