- Court: Oregon Supreme Court
- Area(s) of Law: Criminal Law
- Date Filed: 11-12-2021
- Case #: S063700
- Judge(s)/Court Below: Nelson, J. for the Court; Walters, C.J.; Nakamoto, J.; Flynn, J.; Duncan, J.; Garrett, J.; & Durham, S.J., pro tempore.
- Full Text Opinion
Defendant was initially sentenced to death in 1989. Defendant’s sentence of death was reversed and remanded for resentencing three times. On each remand, Defendant was resentenced to death. While the court was being briefed in this automatic direct review, the Oregon Legislature enacted Senate Bill (SB) 1013 (2019), which made significant changes to Oregon’s death penalty statutes. SB 1013 retains the death penalty but narrowed the definition for aggravated murder. Defendant’s murders, which “occurred in the course of or as a result of intentional maiming or torture of the victim,” are no longer considered “aggravated murder.” As such, the maximum possible sentence for Defendant is life imprisonment without the possibility of parole. All penalties shall be proportioned to the offense, the penalty of death is “unusually severe” being reserved for the worst crimes. Because Defendant’s actions are no longer under the category of “the worst crimes” as defined by the legislature, his sentence is no longer proportional. Defendant’s death sentence is vacated and REMANDED to the circuit court for resentencing.