- Court: Oregon Supreme Court
- Area(s) of Law: Post-Conviction Relief
- Date Filed: 03-30-2023
- Case #: S069865
- Judge(s)/Court Below: En Banc
- Full Text Opinion
Petitioner sought review of his petition for port-conviction relief. Petitioner argued that his right to a jury trial under the Sixth Amendment to the United States Constitution was violated because his conviction was based on a nonunanimous jury verdict contrary to Ramos v. Louisiana, 590 US ___ (2020). The Court had placed this petition in abeyance pending decisions in which the State had argued that Ramos did not have a retroactive effect. When a petitioner establishes that their conviction was based on a nonunanimous jury verdict, they are entitled to post-conviction relief. Watkins v. Ackley, 370 Or 604 (2022). The Court reasoned that, because the parties' arguments here were identical to those in Watkins, Petitioner was entitled to post-conviction relief. REMANDED to the circuit court for further proceedings.