State of Oregon v. Hess

273 Or. App. 26, 359 P.3d 288 (2015)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

State of Oregon v. Hess

Oregon Court of Appeals
273 Or. App. 26, 359 P.3d 288 (2015)

Facts

Terrianne Hess (defendant) owned 38 cats in her duplex home. Animal control officials received a complaint about the living conditions of the cats. Upon entry to the home, officials observed that the cats were living in unsanitary conditions, underfed, and infested with fleas. The officials further discovered seven dead cats, which had succumbed to the effects of anemia caused by severe flea infestations. The State of Oregon (plaintiff) charged Hess with separate counts of first-degree animal neglect for the dead cats and second-degree animal neglect for the living cats. Prior to trial, the defense offered the proposed testimony of a psychologist who opined that Hess suffered from Obsessive Compulsive Personality Disorder (OCPD), which affected her ability to make rational decisions and made her feel compelled to acquire more cats than to whom she could reasonably provide care. The trial court excluded the testimony, finding it did not raise a legal defense as it did not establish that Hess acted involuntarily. After trial, the defense sought to tender a jury instruction on the voluntary-act requirement to impose criminal liability. The trial court refused the instruction, holding that the case involved Hess’s omissions rather than an involuntary act, and thus would be more confusing than helpful to the jury. The jury convicted Hess on all 45 counts. On appeal, Hess argued that the trial court erred in excluding the testimony of the psychologist and refusing to give the proposed jury instruction.

Rule of Law

Issue

Holding and Reasoning (Armstrong, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership