State v. Bruce Lincoln Butterfield

I disagree with the majority’s treatment of the ruling on defendant’s demurrer to the indictment for murder by abuse. ORS 163.115(l)(c). In support of his demurrer, defendant argues that the statute is unconstitutionally vague on its face, because it “invites standardless and unequal application of the criminal laws.” The majority declines to consider that argument, because it considers defendant to have “improperly advanced his vagueness argument[.]” 128 Or App at 7.1 respectfully dissent.

Defendant argues that ORS 163.115(l)(c) is vague under Article I, sections 20 and 21, of the Oregon…