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· 11/1/2022

Delores LaBlance, Personal Representative for the Estate of James Townsend v. Director of Revenue

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the result element of second-degree assault is a material element that requires proof of at least criminal negligence
  • recognizing that it is ultimately a question of statutory con- struction what culpable mental state requirements attach to a particular offense
  • holding that because the jury found that the defendant acted with knowledge, the jury also “would have found that, at least, he was criminally negligent”
  • holding that the result element of second-degree assault is a material element that requires proof of at least criminal negligence
  • holding that Oregon’s assault statute requires at least a mens rea of negligence as to result
  • recognizing that it is ultimately a question of statutory con- struction what culpable mental state requirements attach to a particular offense

Source: CourtListener parenthetical corpus (CC0).

Judges: All concur.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.