The Oregon Supreme Court ruled Friday that a Eugene man hit by a police stun gun at an anti-pesticide rally in 2008 can continue to pursue his appeal of a resisting-arrest conviction.
In May 2008, a police officer twice used a stun gun on protester Ian Van Ornum, who was lying on the ground at a rally in Eugene.
He was charged with resisting arrest and disorderly conduct. A judge told jurors to consider the case from the officer's point of view.
But an Oregon Supreme Court decision in 2009 changed that standard.
The court ruled that in resisting-arrest cases, juries must consider the case from the point of view of the person being arrested.
The court ruled Friday that under that standard, Van Ornum can continue his appeal.