Legal Opinion

Hardegger v. Amsberry

Court of Appeals of Oregon

Decided August 12, 2020No. A165761PublishedCited by 2 opinions

1Opinion of the Court

726 Argued and submitted December 2, 2019, reversed and remanded August 12, 2020 BRIAN JOSEPH HARDEGGER, Petitioner-Appellant, v. Brigitte AMSBERRY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent. Umatilla County Circuit Court 16CV31299; A165761

473 P3d 576

In 2001, when petitioner was a youth, he committed felony murder. Under Measure 11, he was tried as an adult and received a mandatory sentence of life in prison, with a minimum of 25 years to be served before any possibility for release. In 2012, the United States Supreme Court held that a mandatory life…

2Cases cited26 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. Bousley v. United StatesSupreme Court of the United States · 1998
  5. Miller v. AlabamaSupreme Court of the United States · 2012

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3Cited by2 opinions

  1. Case v. CainCourt of Appeals of Oregon · 2020
  2. Hardegger v. AmsberryCourt of Appeals of Oregon · 2021

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