State v. Vanornum

This case, an appeal of defendant’s conviction for resisting arrest, ORS 162.315, is before us on remand from the Oregon Supreme Court. In our previous decision, we determined that neither of defendant’s claims of instructional error was preserved for our review under ORCP 59 H, and that we therefore were barred from exercising review. State v. Vanornum, 250 Or App 693, 699, 282 P3d 908 (2012), rev’d and rem’d, 354 Or 614, 317 P3d 889 (2013). The Supreme Court reversed and remanded our decision, concluding that ORCP 59 H does not apply to or control “appellate court review of claims of…