State v. Sandoval

Leonard Sandoval (defendant) had a history of violent confrontations with Whitcraft, his ex-wife's boyfriend. While Sandoval was driving behind him, Whitcraft stopped his truck, backed into Sandoval's vehicle, retrieved a handgun, and aimed it at Sandoval, who then took a rifle from his own truck and shot and killed Whitcraft; police later found Whitcraft's loaded, cocked handgun beneath his body. The State of Oregon (plaintiff) charged Sandoval with intentional murder, and over his objection the trial court instructed the jury that his use of deadly force had to be unavoidable, with no reasonable opportunity to escape or avoid the confrontation. The jury convicted him, the court of appeals affirmed, and the Oregon Supreme Court granted review.