James Robert Newman (Defendant) was convicted in the Circuit Court, Multnomah County, of felony driving under influence of intoxicants (DUII), and he appealed. The Oregon Court of Appeals affirmed. The Oregon Supreme Court allowed review and reversed.

Facts

“James Robert Newman (Defendant) met his friends for dinner one evening and, anticipating that he would drink alcohol at dinner, left his car parked by his apartment and walked to the restaurant. Thereafter, defendant’s friends drove him home, and he went to sleep. Later that evening, a police officer followed defendant’s car and observed defendant make a left-hand turn without signaling or stopping, run a red light, and drive down the middle of a street, straddling the two traffic lanes....

1. List the facts relevant to deciding whether James Newman’s conduct included a voluntary act.

2. Summarize the State’s arguments that “sleep driving” didn’t have to be voluntary.

3. Summarize Newman’s argument that “sleep driving” was an involuntary act that negated the voluntary act requirement.

4. Summarize the Oregon Supreme Court’s arguments for its decision.

5. In your opinion, should “sleep driving” disprove the element of actus reus generally? In this case? Defend your answer.

6. Do you believe someone can drive while they’re sleeping? Explain your answer.