Life in the Post Cuevas World
February 25, 2016 • OCDLA Office, Eugene
With the three-member dissent in State v. Cuevas, 358 Or 147 (2015), followed by the subsequent appointment of the Honorable Lynn Nakamoto to the Oregon Supreme Court, OCDLA members now have an historic opportunity to seek the overruling State v. Bucholz, 317 Or 309 (1993) and its authority for criminal-history-score reconstitution, and possibly even its infamous companion, State v. Miller, 317 Or 297 (1993), and its authority for circumventing guidelines limitations on the length of consecutive sentences.
This CLE/webinar will outline the sentencing law history, and provide members the basic information and trial strategies they need, to put into the appellate pipeline new cases that would serve as vehicles for the possible overruling of Bucholz and Miller, which would save clients substantial incarceration time, and the state millions of dollars in largely pointless imprisonment.
Presenter Jesse Wm. Barton, Attorney, Salem Jesse is a graduate of Coquille High School, Coquille, Oregon; the United States Army Field Artillery School's artillery survey course; the University of Oregon; and the Willamette University College of Law. He is admitted to practice before in Oregon state courts, the United States Court of Appeals for Veterans Claims, and the United States Supreme Court. He is a founding member of the Oregon State Bar's Military Assistance Panel.