State v. McKinney/Shiffer

Summary

The Oregon Supreme Court reversed the Court of Appeals in both State v. Shiffer and State v. McKinney, vacated the convictions in part, and remanded for new trials. The Court applied the rule from State v. Owen that a criminal‑negligence mental state must attach to the injury element of assault and held that the trial courts’ failure to require such a mental state was not harmless. Accordingly, the convictions on the assault counts were set aside and the cases sent back for further proceedings.