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December 8, 2004

An Oregon Blakely trifecta

0orf With thanks to many for spotlighting these rulings for me, Oregon's intermediate court at least made sure that there would be judicial Blakely news of note today by rendering three noteworthy Blakely opinions: Oregon v. Perez, No. 0201-30132; A119741(Or. Ct. App. Dec. 8, 2004); Oregon v. Gornick, No. 02C53376; A121042 (Or. Ct. App. Dec. 8, 2004); Oregon v. Ross, 03CR0143; A121410 (Or. Ct. App. Dec. 8, 2004).

There is a lot of "there there" in these opinions, all three of which were authored by Chief Judge David V. Brewer. Perez seems especially noteworthy for giving the "prior conviction exception" a narrow reading:

We conclude that the Supreme Court plainly meant what it said when it described the holding in Almendarez-Torres as "a narrow exception to the general rule" and stated that, other than "the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." Apprendi, 530 US at 490 (emphasis added). It is therefore beyond reasonable dispute that the exception applies only to the fact of a prior conviction.

December 8, 2004 at 03:55 PM | Permalink

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Comments

My husband was illegally sentenced to 13 years in Oregon and nothing is being done about it! I thought Blakely would change things but,it has not. Anything on Oregon and what the Judge is doing is interesting to me. How can Judges blatantly break rules themselves by illegally imposing upper departure sentences instead of letting a jury decide. This is horrible and something needs to be done to change things

Posted by: Mary S Swing | Dec 30, 2004 3:17:20 AM

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