Oregon Supreme Court, October 7, 2021
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Revision as of 12:13, October 9, 2021 by Rankinjohnsonpdx@gmail.com (Talk | contribs)
by: Rankin Johnson • October 8, 2021 • no comments
Summarized by Rankin Johnson, OCDLA
DEATH PENALTY - Retroactivity
Following statutory changes, conviction for what was formerly death-penalty-eligible murder no longer carries the death penalty. Reversed.
The court explained that, under the Eighth Amendment, the death penalty is reserved for a narrow category of the most serious crimes. By reclassifying defendant's conduct as non-death-penalty murder, the legislature determined that defendant's conduct no longer qualified.
The court remanded for resentencing under the current sentencing scheme.
State v. Bartol 368 Or 598 (September 30, 2021) (Duncan) (Marion County, Prall)
