Legal Opinion

State ex rel. Juvenile Department v. Nicholls

Court of Appeals of Oregon

Decided March 31, 2004No. 9401-80039; A119871Published

1Opinion of the CourtLinder, J.

In this juvenile delinquency proceeding, the state appeals an order releasing youth from the custody of the Oregon Youth Authority (OYA). The juvenile court concluded that 1995 statutory amendments permitting the juvenile court to exercise jurisdiction over youth offenders until age 25, instead of the previous limit of age 21, violate constitutional ex post facto principles as applied to youth. On appeal, we do not reach the constitutional question because we agree with youth’s alternative argument that the legislature did not intend for the 1995 amendments to apply retroactively— that is, to…

2Cases cited22 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Kansas v. HendricksSupreme Court of the United States · 1997
  3. United States v. WardSupreme Court of the United States · 1980
  4. Johnson v. United StatesSupreme Court of the United States · 2000
  5. Outdoor Media Dimensions Inc. v. StateOregon Supreme Court · 2001

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