Buchea v. Sullivan

The issue in this case is whether or not the Fifth or Sixth Amendment to the United States Constitution or Art I, § 10 or Art I, § 11 of the Oregon Constitution gives a defendant in a criminal case the right to see, prior to sentencing, a presentence investigation report.

The petitioner plead guilty to attempted burglary in a dwelling. The trial judge ordered and received a presentence investigation report made pursuant to ORS 137.530. ① After the judge received the report the petitioner requested, through his attorney, to see the report. The request was denied and thereafter the trial judge…