State v. Bartol

Under Article I, section 16, two special proportionality requirements apply to the death penalty. (1) Death must be limited to those who commit “a narrow category of the most serious crimes,” and are “the most deserving of execution. Atkins v. Virginia, 536 US 304, 319, 122 S Ct 2242 (2002). (2) There must be “a fundamental, moral distinction” between death-penalty and non-death-penalty crimes. Kennedy v. Louisiana, 554 US 407, 438, 128 S Ct 2641 (2008).

Defendant appealed his conviction of aggravated murder and death sentence.  After Defendant was sentenced, the legislature enacted Senate Bill 1013 (2019), which limited the conduct that is punishable by death.  Defendant argued that, because his actions would not have constituted a crime punishable by death under SB 1013, his rights under Article I, section 16, of the Oregon Constitution and the Eighth Amendment to the United States Constitution prohibited his execution.  In response, the State argued that Defendant’s challenge was barred by Article I, section 40.  Under Article I, section 16, two special proportionality requirements apply to the death penalty.  (1) Death must be limited to those who commit “a narrow category of the most serious crimes,” and are “the most deserving of execution.”  Atkins v. Virginia, 536 US 304, 319, 122 S Ct 2242 (2002).  (2) There must be “a fundamental, moral distinction” between death penalty and non-death penalty crimes.  Kennedy v. Louisiana, 554 US 407, 438, 128 S Ct 2641 (2008).  The Court rejected Defendant’s challenges to his conviction without discussion.  The Court also rejected the State’s argument because Article I, section 40 does not prevent a challenge on the grounds of cruel and unusual punishment.  The Court found that, although SB 1013 was not made retroactive, maintaining Defendant’s death penalty would violate his rights under Article I, section 16.  The Court held that it would be disproportionate to execute Defendant “for conduct that the legislature has determined no longer justifies” the punishment of death.  Judgment of conviction affirmed; death sentence vacated and case remanded for resentencing.