State v. Wolfe

After the enactment of Senate Bill 1013, the homicide of a child under 14 can only qualify as aggravated murder if it was premeditated. Or Laws 2019, ch 635, § 4; ORS 163.095(2)(b).

In 2019, Defendant was charged with aggravated murder as that crime was then defined. Before Defendant’s trial occurred, the legislature passed SB 1013 which constricted the definition of the crime and reformed the statutes governing death penalty sentences. The State filed an amended indictment and Defendant sought dismissal of the charge, arguing that applying SB 1013 to him violated the ex post facto clauses of the state and federal constitutions. The trial court granted Defendant’s motion. The State filed a direct, interlocutory appeal. On appeal, Defendant argues that before SB 1013, he could not have committed aggravated murder as it’s now defined “it did not exist until after SB 1013 took effect” therefore, SB 1013 cannot be applied to charge him with aggravated murder; SB 1013 can be applied only to charge him with first-degree murder.” After the enactment of Senate Bill 1013, the homicide of a child under 14 can only qualify as aggravated murder if it was premeditated. Or Laws 2019, ch 635, § 4; ORS 163.095(2)(b). The Court disagreed with Defendant and explained that under SB 2013’s retroactivity clause, “either all of SB 2013’s changes to ORS 163.095(1)(f) apply . . . or none of them do.” The Court also held that Defendant’s arguments under the state and federal ex post facto clauses fail. Reversed and remanded.