State v. Quinn

I cannot agree with the majority that the provision in ORS 163.116(5) making the "judgment of conviction and sentence of death * * * subject to automatic review by the Supreme Court” (emphasis added) deprives the defendant who cares to exercise it of his appeal "as a matter of right” to the Court of Appeals under ORS 2.516 and 138.020.1

The Oregon Constitution formerly provided for capital punishment. Until repeal of that part of the constitution by vote of the people at the November General Election in 1964, the statutes provided for an automatic "appeal” to the Supreme Court.

"ORS 138.410(1)…