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Oregon Supreme Court 09-10-10

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by: Abassos • September 9, 2010 • no comments

Read the full article for details about the following new cases:

  • Resentencing After Appeal May Be Harsher

Bad case today changing the law on whether a defendant's sentence can be harsher when it comes back after a successful appeal. The trial court is now allowed to give a harsher sentence after a successful appeal, if the court can articulate objective reasons for the harsher sentence unrelated to vindictiveness for appealing and unknown by the initial sentencing judge. The prior Supreme Court case of State v. Turner is overruled because "the Turner rationale has been overtaken by the passage of time and by legislation." In this case, the defendant was convicted of a bunch of sex abuse charges and sentenced to 420 months in prison. When it came back on appeal, the judge discharged the counts with the appellate issue and sentenced him to 600 months on different set of counts. Remanded so the court can articulate reasons for the greater sentence. State v. Partain