|CALENDAR STATUS: Active|
|State of Oregon v. Curtis Dwayne McClure|
|Willamette University College of Law|
|Jedediah Peterson, on behalf of Curtis Dwayne McClure|
Jona Maukonen on behalf of State of Oregon
|*WILL NOT BE WEBCAST|
Statement of Issues:
|State of Oregon v. Curtis Dwayne McClure (S061434) (A143705) (appeal from Multnomah County Circuit Court; opinion reported at 256 Or App 200, 300 P3d 210 (2013)).|
Defendant Curtis Dwayne McClure has been granted review of a Court of Appeals decision that affirmed his conviction for resisting arrest.
On review, the issues are:
(1) For purposes of the crime of resisting arrest, ORS 162.315, does someone resist "arrest" if he resists being arrested for a parole violation?
(2) If a defendant is charged with resisting arrest for tightening his arms and refusing to go to the ground during an arrest, does OEC 404(3) allow the introduction of evidence of a prior incident of resisting arrest during which the defendant's resistance was much more forceful?
(3) Does federal due process require a trial court to balance the probative
value of "prior bad acts" evidence against its prejudicial value?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: