[DV_listserv] Case law

[Domestic Violence issues]

Case is great affirmation of State v. Ryan.


State v. Nguyen
Date Filed: 05/31/12
Case #: A138986
Ortega, P.J. for the Court; Haselton, C.J.; and Schuman, J.
http://www.publications.ojd.state.or.us/Publications/A138986.pdf

Civil Stalking Protective Order: A defendant who seeks to challenge a
conviction under ORS 163.750 for violating a stalking protective order
on free speech grounds must first successfully attack the underlying
protective order.

This case is before the Court of Appeals on remand from the Supreme
Court, which vacated the prior opinion in light of State v. Ryan. In
the original Nguyen decision, the Court of Appeals found that the
trial court erred in denying Defendant's motion for a judgment of
acquittal based on the argument that text messages in violation of a
Stalking Protective Order were protected free speech under the Oregon
Constitution. However, the Supreme Court in Ryan II held that a
defendant who seeks to challenge a conviction for violating a Stalking
Protective Order on free speech grounds must first successfully attack
the underlying protective order. Because Defendant in this case did
not bring a successful challenge to the underlying protective order,
he cannot challenge his conviction on free speech grounds. The trial
court correctly denied his motion for a judgment of acquittal.
Affirmed.



Erin S. Greenawald
Sr. AAG
Domestic Violence Resource Prosecutor
Oregon Department of Justice
Criminal Justice Division
(503) 378-6347

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