A Book from the Library of Defense

Oregon Supreme Court, May 31, 2019

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by: Rankin Johnson • June 7, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

POST-CONVICTION RELIEF — Late and successive petitions

Post-conviction petitioner was entitled to file late, successive petition asserting that life sentence violated recent US Supreme Court decision. Court of Appeals and trial court reversed.

In two similar cases, post-conviction petitioners, juveniles at the time, were convicted of aggravated murder and other offenses and sentenced to 800-month prison terms. They unsuccessfully sought review through the ordinary processes.

After review was over, the US Supreme Court held that LWOP sentences were unlawful for most juveniles. Petitioners filed late post-conviction petitions, which the trial court dismissed without a hearing.

On review, the Supreme Court held that the argument petitioners sought to make had not been made before and the failure to do so was reasonable in light of the law at the time. Accordingly, they were entitled to litigate their new post-conviction petitions.

Lydell White v. Premo 365 Or 1 (May 31, 2019) (Walters) (Marion County, Hart)

Laycelle White v. Premo 365 Or 21 (May 31, 2019) (Walters) (Marion County, Hart)

MOTIONS FOR JUDGMENT OF ACQUITTAL — Corroboration of accomplice testimony

Evidence was insufficient to corroborate accomplice testimony as to attempted robbery. Court of Appeals affirmed, trial court reversed.

State v. Riley 365 Or 44 (May 31, 2019) (Baldwin) (Multnomah County, Hodson)